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Contractor Wes to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, iConsu Cants, special counsel, and representatives from liability. (1) for personal injury,
<br />damages, gust compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and. claims for property damage, which may arise from the negligent operations
<br />of the Contractor c r its subcontractors, agents, employees, or other persons acting on their behalfwhich
<br />relates to the servi ws described in section 1 of this Agreements and (2) from any claim that. personal
<br />injury, damages, j st compensation, resdtutlon, judicial or equitable reliefs due by reason of the terms
<br />of or effects arisin from this Agreement. This indemnity and hold harmless agreement applies to all
<br />claims for damag ,just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br />been suffered, by r ason of the events re#bired to in this Section or by reason of the terms o f or effects,
<br />arising from ftN regiment: The Contractor further agrees to indemnity, hold harmless, and pay all costs
<br />forthedefenseoftle.t~sty, including feea and costs for special counsel to be selected bytho City, regarding
<br />any action by a thi d party challenging to validity Of this .Agreement, or asserting that personal injury,
<br />damagesJust comF ensaden,restitutionJuftialorequitable rehofduetopersonal orpropertyrightsarises
<br />by reason of the ter ns of, or effects arising f mothis Agreement. City may make all reasonable. decisions
<br />with respect to Its presentation in array legal proceeding, Notwithstanding the foregoing, to the .extent
<br />Contractor's se rvic a am subject ie Civil Code Section 2782.8, the above indemnity shall he Wied, to
<br />the extent require by Civil Code Section =2.8, to claims that arise of, pertain to, or relate to the
<br />negligence, reekles ess, or willfltl misconduct of the contractor.
<br />9. iClq'f.°ULLN+, 'Il'UAL PROPERTY llMXi lViNIIrHCATXCtN
<br />contractor laalldefend,.indemnifyand holdhanmlessthe cifyyitsi a agents, representatives,
<br />and employees ago nut any and. all liabiilty, including costs, and attorney's fees, for fa ingemont of say
<br />United States' letter patent, trademark, or.copyright contained. in the work product or documents provided
<br />by Contractor to th City pursuant to this Agreement.
<br />10.
<br />COWMctor
<br />underthisA,greem
<br />incurred under tint
<br />a minimum pexioc
<br />pay manant to Contra
<br />Contractor shall al
<br />such records and a
<br />Contractor shall al
<br />Agreement for a
<br />Agi raent
<br />11.
<br />if (
<br />reasonably
<br />ill keep records and invoices in connection with the workto be performed
<br />Contractor shall maintain complete and accurate records with respect to the costs
<br />iaeut.and any services, expenditures, and disbursements charged to the City for
<br />'three (3) Years, or for any longer period .required by law, tiiom the data of final
<br />r under this Agroement. All such, records and invoices shall be oloarly idewftable.
<br />v a representative of the City .to examine, audit, and make transcripts or copies of
<br />other documents created pursuant to this Agreement during regular business hours.
<br />e inspection, of all work, data, documents, ,proceedings; and aetivides related to this
<br />led of three (3) years from the date of final payment to Contractor .under this
<br />receives from the City Information which due to the nature of such information is
<br />zd to be confidential.andlor proprietary, Contractor.agrm that It shall not use or
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