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Agreement will create any contractual relationship between any subcontractor of <br /> Consultant and Agency. Consuitant will be responsible for payment of subcontractors. <br /> Consultant will bind every subcontractor and every subcontractor of a subcontractor by <br /> the terms of this Agreement applicable to Consultant's work unless specifically noted to <br /> the contrary in the subcontract and approved in writing by Agency. <br /> 9. Other Consultants. The Agency reserves the right to employ other consultants in <br /> connection with the Services. <br /> 10. Indemnification. Except as to the sole negtigence or willful misconduct of <br /> Agency, Consultant will defend, indemnify and hold Agency and the City of Redwood <br /> City, their officers, agents, volunteers and employees, harmless from any and all loss, <br /> damage, claims, demands, liability, expense or cost, including attorney's fees, which <br /> arises out of, or is in any way connected with the perFormance of, the Services by <br /> Consultant or any of Consultant's empioyees, agents or subcontractors, notwithstanding <br /> that Agency or City may have benefited from their services. <br /> T�e duty of Consultant to indemnify and save harmless, as set forth herein, will 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 /> C�ode. <br /> The Parties expressly agree that any payment, attorney's fee, costs or expense Agency <br /> ircurs or makes to or on behalf of an injured employee under the Agency's ��If- <br /> administered workers' compensation is included as a loss, expense or cost for the <br /> �,urposes 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 tess than "A-:V." <br /> 11.1 Coveraqes and Limits. Consultant will maintain the types of coverages <br /> and minimum limits indicated below, unless Agency Attorney or Executive <br /> Director approves a lower amount. These minimum amounts of coverage will not <br /> constitute any limitations or cap on ConsultanYs indemnification obligations under <br /> this Agreement. Agency, 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 /> Consultant believes that any required insurance coverage is inadequate, <br /> RDA Agreement over$10K 3 <br /> City Attorney Approved Version 090103 <br />