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DES:djk n9/13/96 (001/72) <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, <br />indemnify and save harmless Agency, the City of Redwood City, its <br />Council, boards, commissions, officers, employees and agents from <br />and against any and all claims, suits, actions, liability, loss, <br />damage, expense, costs (including, without limitation, costs and <br />fees of litigation) of every nature, kind and description, which <br />may be brought against, or suffered or sustained by, Agency, the <br />City of Redwood City, its Council, boards, commissions, officers, <br />employees or agents caused by, or alleged to have been caused by, <br />the negligence, intentional tortious act or omission, or willful <br />misconduct of Consultant, its officers, employees or agents in <br />the performance of any services or work pursuant to this <br />agreement. <br /> <br /> The duty of Consultant to indemnify and save harmless, as <br />set forth herein, shall include the duty to defend as set forth <br />in Section 2778 of the California Civil Code; provided, however, <br />that nothing herein shall be construed to require Consultant to <br />indemnify Agency, the City of Redwood City, its Council, <br />officers, boards, commissions, agents and employees against any <br />responsibility or liability in contravention of Section 2782 of <br />the California Civil Code. <br /> <br /> 12. INSURANCE. Consultant shall acquire and maintain <br />Workers' Compensation, employer's liability, commercial general <br />liability, owned and non-owned and hired automobile liability, <br />and professional liability insurance coverage relating to <br />Consultant's services to be performed hereunder covering Agency's <br />risks in form subject to the approval of the Agency's Attorney. <br /> <br /> <br />