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<br />10/22/20B3 14:13 6502Gl~lB2 RWC CITY CLERK PAGE 13
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<br /> 12. HOLD .H .ARMLESS. Consultant hereby agrees to defend, indemnify, and
<br /> save harmless the City, Agency, their councils, boards, commissions, officers,
<br /> employees and agents, from and against at;y and all claims, suits, actions liability, loss,
<br /> damage, expense, cost (including, costs and fees of litigation) of every nature, kind. or
<br /> description, which may be brought against, or suffered or sustained by' City, Agency,
<br /> their councils, boards, commissions, officers, employees or agents to the extent such
<br /> claims, suits, actions, liability, loss, damage, expense, cost (including costs and fees of
<br /> litigation) of every nature, kind or description which may be brought against, or suffered
<br /> or sustained by City, Agency, their councils, boards, commissions, officers, employees
<br /> or agents are caused by the negligent act or omission, intentional tortious act or
<br /> omission, or willful misconduct of Consultant, its officers, employees or agents in the
<br /> performance of any services or work pursuant to this Agreement.
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<br /> The duty of Consultant to indemnify and save harmless, as set forth herein, shall
<br /> include the duty to defend as set forth in Section 2778 of the California Civil Code;
<br /> provided, however, that nothing herein contained shall be construed to require
<br /> Consultant to indemnify City, Agency, their councils, boards, commissions, officers,
<br /> employees and agents against any responsibility or liability in contravention of Section
<br /> 2782 of the California Civil Code.
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<br /> 13. INSURANCE. Consultant shall acquire and maintain Workers'
<br /> Compensation, employer's liability, commercial general liability, owned and non-owned
<br /> and hired automobile liability, and professional liability insurance coverage relating to
<br /> Consultant's services to be performed hereunder covering City and/or Agency's risks in
<br /> form subject to the approval of the City Attorney and Agency General Counsel. The
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