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subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to ConsultanYs work unless specifically noted to the contrary m the subcontract and approved in writing by City 9 Other Consultants City reserves the nght to employ other consultants in connection with the Services 10 Hold Harmless Consultant shall, to the fullest extent allowed by law, with respect to all services performed m connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable ("Claims") Consultant wdl bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorneys fees, experts fees, court costs and disbursements, that anse out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability") Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabdity is caused by the sole negligence, active negligence, or willful misconduct of the City With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees However, notwithstandmg the foregoing, in accordance with Cahfomia Civd Code Section 1668, nothing m this Agreement shall be construed to exempt the City from its own fraud, wdlful in�ury to the person or property of another, or violation of law Furthermore, notwithstanding the forgoing, to the extent this Agreement is a "construction contracY' as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Cwil Code Section 2782 Nothing herein contained in this Agreement shall be construed to require Consultant to indemnify Indemnitees against any responsibdity or liabdity in contravention of Califorrna Civil Code Section 2782 8 The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an in�ured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section The Parties expressly agree that this section shall surwve the expiration or eariy termination of the Agreement 11 Insurance Consultant shall obtain and maintain for the duration of the Agreement and any and all amendments, msurance against claims for m�unes to ATTY/AGR/2011 056/CROSBY GROUP 3 062211