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work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the
<br />right of City to terminate this Agreement for cause, or otherwise to exemise such rights or pursue such
<br />remedies as may accrue to City hereunder.
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<br /> 10. RECORDS. Consultant shall keep and maintain accurate records of all time expended and
<br />costs and expenses incurred relating to services to be performed by Consultant hereunder. Said records
<br />shall be available to City for review and copying during regular business hours at Consultant's place of
<br />business or as otherwise agreed upon by the parties.
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<br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, and save harmless
<br />City, its Council, boards, commissioners, officers, employees and agents, from and against any and all
<br />claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees
<br />of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained
<br />by, City, its Council, boards, commissions, officers, employees or agents, arising out of the performance
<br />of the work described herein, to the extent caused in whole or in part by any negligent act or omission of
<br />Consultant, its officers, agents and employees, or anyone directly or indirectly employed by any of them,
<br />or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole
<br />negligence, or willful misconduct of City.
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<br /> The duty of Consultant to indemnify and save harmless, as set forth herein, shall include the duty
<br />to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein
<br />contained shall be construed to require Consultant to indemnify City, its Council, boards, commissions,
<br />officers, employees and agents against any responsibility or liability in contravention of the California
<br />Civil Code. This paragraph shall survive the expiration or termination of this Agreement.
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<br /> 12. INSURANCE. Consultant shall acquire and maintain Workers' Compensation, employer's
<br />liability, commercial general liability, and automobile liability (for owned and non-owned and hired
<br />automobiles) insurance coverage relating to Consultant's services to be performed hereunder covering
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