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5 F'- I 2
<br /> I Attachmerrt 1 B
<br /> 9. Other Consultants. The City reserves the right to employ other consultants in
<br /> � connection with the Services.
<br /> 10. Indemnification. Except as to the sole negligence or wiliful misconduct of City,
<br /> Consultant will defend, indemnify and hold City, its officers, agents, volunteers and
<br /> employees, harmless from any and all loss, damage, claims, demands, liability,
<br /> expense or cost, including attomey's fees, which arises out of, or is in any way
<br /> connected with the pertormance of, the Services by Consultant or any of Consultant's
<br /> employees, agents or subcontractors, notwithstanding that City may have benefited
<br /> from their services. .
<br /> The duty of Consultant to indemnify and save harmless, as set forth herein, wi�l include
<br /> the duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br /> however, that nothing herein contained will be construed to require Consultant to
<br /> indemnify against any responsibility or liability in contravention of Section 2782 of said
<br /> Code.
<br /> Without limitation upon the foregoing, City shall defend, indemnify, and hold harmless
<br /> Consultant, its directors, officers, employees and shareholders from losses caused by, -
<br /> or atleged to have been caused by, the sole negligence, intentional tortuous act or
<br /> omission, or willful misconduct of City, its boards, commissions, officers, employees,
<br /> and agents which may be brought against, or suffered or sustained by Consultant, its
<br /> directors, officers, employees and shareholders in the performance of any services or
<br /> work performed pursuant to this agreement including, without limitation, any claim made
<br /> by any person or entity against Consultant that the Official Statement pertaining to the
<br /> issuance the Bonds contains an untrue statement of a material fact or omits to state a
<br /> material fact required to be stated therein or necessary to make the statements therein,
<br /> in light of the circumstances under which they were made, not misleading.
<br /> The Parties expressly agree that any payment, attomey's fee, costs or expense City
<br /> incurs or makes to or on behaff of an injured employee under the City's self-
<br /> administered workers' compensation is included as a loss, expense or cost for the
<br /> purposes of this section, and that this section will survive the expiration or early
<br /> termination of the Agreement.
<br /> 11. Insurance. Consultant will obtain and maintain for the duration of the Agreement
<br /> and any and all amendments, insurance against claims for injuries to persons or
<br /> damage to property which may arise out of or in connection with perFormance of the
<br /> services by Consultant or Consultant's agents, representatives, employees or
<br /> subcontractors. The insurance will be obtained from an insurance carrier admitted and
<br /> authorized to do business in the State of California. The insurance carrier is required to
<br /> have a current Best's Key Rating of not less than "A-:V."
<br /> 11.1 Coveraqes and Limits. Consultant will maintain the types of coverages �
<br /> and minimum limits indicated below, unless City Attomey or City Manager
<br /> approves a lower amount. These minimum amounts of coverage will not
<br /> constitute any limitations or cap on Consultant's indemnification obligations under
<br /> this Agreement. City, its officers, agents, volunteers and employees make no
<br /> representation that the limits of the insurance specified to be carried by
<br /> Consultant pursuant to this Agreement are adequate to protect Consultant. If
<br /> Attachment 1 B-3
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