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9. Other Consultants. City reserves the right to employ other consultants in connection
<br /> with the Services.
<br /> 10. Hold Harmless. Consultant shall, to the fullest extent allowed by law, with respect to all
<br /> services performed in connection with this Agreement, defend with counsel acceptable to City,
<br /> indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and
<br /> against any and all claims that arise out of, pertain to, or relate to the negligence,
<br /> recklessness, or willful misconduct of the Consultant, subcontractor, or anyone directly or
<br /> indirectly employed by any of them or anyone for whose acts any of them may be liable
<br /> ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind,
<br /> nature and description, including attorney's fees, experts fees, court costs and disbursements,
<br /> that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability").
<br /> Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent
<br /> that such Liability is caused by the sole negligence, active negligence, or willful misconduct of
<br /> the City.
<br /> With respect to third party claims against the Consultant, the Consultant waives any and all
<br /> rights of any type of express or implied indemnity against the Indemnitees.
<br /> However, notwithstanding the foregoing, in accordance with California Civil Code Section
<br /> 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud,
<br /> willful injury to the person or property of another, or violation of law.
<br /> Furthermore, notwithstanding the forgoing, to the extent this Agreement is a "construction
<br /> contract" as defined by California Civil Code section 2783, as may be amended from time to
<br /> time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited
<br /> by California Civil Code Section 2782.
<br /> Nothing herein contained in this Agreement shall be construed to require Consultant to
<br /> indemnify Indemnitees against any responsibility or liability in contravention of California Civil
<br /> Code Section 2782.8.
<br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City
<br /> incurs or makes to or on behalf of an injured employee under the City's self-administered
<br /> workers' compensation is included as a loss, expense or cost for the purposes of this section.
<br /> The Parties expressly agree that this section shall survive the expiration or early termination of
<br /> the Agreement.
<br /> 11. Insurance. Consultant shall obtain and maintain for the duration of the Agreement and
<br /> any and all amendments, insurance against claims for injuries to persons or damage to
<br /> property which may arise out of or in connection with performance of the Services by
<br /> Consultant or Consultant's agents, representatives, employees or subcontractors. The
<br /> insurance will be obtained from an insurance carrier admitted and authorized to do business in
<br /> the State of California. The insurance carrier is required to have a current Best's Key Rating of
<br /> not less than "A-:V."
<br /> 11.1 Coveraqes and Limits. Consultant, at its sole expense, shall maintain the types of
<br /> coverages and minimum limits indicated below, unless the Risk Manager or City
<br /> Manager, in consultation with the City Attorney, approves a lower amount. These
<br /> minimum amounts of coverage will not constitute any limitations or cap on Consultant's
<br /> REV:09-26-13 VR
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<br /> CHARTER ST.SRTS
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