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XII. RECIPROCAL h.-....,D HARMLESS <br />To the fullest extent permitted by law, City agrees to <br />Indemnify, defend and hold Consultant entirely harmless from and <br />against any and all liability, demands, actions, losses or claims <br />for damages because of personal injury, including bodily injury and <br />death, damage to property, or any other costs and charges, <br />including attorney's fees, arising out of or attributable to City's <br />negligent acts, error's and/or omissions in the performance or <br />nonperformance of his obligation as stated in this Contract, or the <br />negligent acts, errors and/or omissions of City's employees, agents <br />or assignees in the performance or nonperformance of obligations <br />stated within this Contract. <br />XIII. INDEMNIFICATION BY CONTRACTOR: <br />City shall include in its bid documents the requirements that <br />any contractor performing work based on the documents prepared by <br />Consultant in its performance of this Agreement shall indemnify, <br />defend and save harmless, City and its officers, project expeditor <br />and employees from any and all claims, demands, suits, actions or <br />proceedings of any kind or nature arising from said contractor's <br />negligence in the performance of the work based on the documents <br />prepared by Consultant pursuant to this Agreement. City shall <br />require said contractor to maintain a policy or policies of <br />liability insurance naming City and their officers, project <br />expeditor and employees as insured or additional insured, which <br />policy provides coverage in the form of a comprehensive liability <br />insurance policy acceptable to the City Attorney of City and which <br />protects against liability for any and all claims and suits for <br />damages or injuries to persons or property resulting from or <br />arising out of operations of said contractor, its officers, or <br />employees. <br />XIV. CERTIFICATION OF NON-DISCRIMINATION: <br />By signing this Agreement, Consultant certifies that it does <br />not discriminate in hiring on the basis of race, color, creed, <br />religion, sex, age, marital status, national origin, ancestry, <br />physical handicap or medical conditions. <br />XV. VALIDITY: <br />The invalidity in whole or in part of any provision of this <br />Agreement shall not void or affect the validity of any other <br />provision of this Agreement. <br />zooirr.agr <br />10/25/93 <br />page 11 of 12 <br />