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If the Litigation services are provided more than twelve (12) months <br />after said delivery and acceptance, the hourly rate shall be in <br />accordance with the then prevailing fees of Michael J. Francis. <br />Payment by the City shall be made within thirty (30) days following <br />receipt of an approved appraisal report. <br />Notwithstanding the foregoing, payment need not be made for work which <br />fails to meet the standard of performance specified in Section 3. <br />7. INDEMNIFICATION <br />Consultant agrees to indemnify and hold harmless the City, and it's <br />officers and employees, from and against any and all loss or damage, and <br />from any and all suits, actions and claims filed or brought by any <br />person or persons, arising out of the negligent acts or omissions of <br />Consultant or of its subcontractors or of the officers, agents, <br />employees of Consultant or of its subcontractors in the performance of <br />this Agreement. <br />8. INSURANCE <br />With respect to performance of work under this agreement, CONSULTANT <br />shall maintain and shall require its subcontractors, if any, to maintain <br />insurance as described below: <br />4 <br />