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performed by Consultant hereunder. Said records shall be available to City for <br />review and copying during regular business hours at Consultant's place of <br />business or as otherwise agreed upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br />and save harmless City, its Council, boards, commissions, officers, employees <br />and agents, frown and against any and all claims, suits, actions liability, loss, , <br />damage, expense, cost (including, without limitation, costs and fees of litigation) <br /> <br />of every nature, kind or description, which may be brought against, or suffered or <br />sustained by, City, its Council, boards, commissions, officers, employees or <br />agents caused by, or alleged tO 'have been caused by, the negligence, intentional <br />tortious act or omission, or willful misconduct of Consultant, its officers, <br />employees or agents in the performance of any services or work pursuant to this <br />Agreement. <br /> <br /> The duty of Consultant to indemnify and save harmless, as set forth <br />herein, shall include the duty to defend as set forth in Section 2778 of the <br />California Civil Code; provided, however, that nothing herein contained shall be <br />construed to require Consultant to indemnify City, its Council, boards, <br />commissions, officers, employees and agents against any responsibility or <br />liability in contravention of Section 2782 of the California Civil Code. <br /> <br /> 12. INSURANCE. Consultant shall acquire and maintain Workers' <br />Compensation, employer's liability, commercial general liability, owned and non- <br />owned and hired automobile liability, and professional liability insurance <br /> <br /> Agm~-451 5 <br /> F:\shared\Redwood\Council <br /> DES:djk <br /> 02/23/01 <br /> <br /> <br />