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Consultantrepresentsandwarrantsthat Consultanthasthelegalrightto licenseanyandall
<br />Documents & Data. Consultantmakes no such representation and warranty in regard to
<br />Documents & Data which were provided to Consultantby the City. City shall not be limited in
<br />any way in its use of the Documents and Data at any time, provided that any such use not within
<br />the
<br />INSURANCE
<br />Insurancerequirements are attached hereto as Exhibit.
<br />INDEMNIFICATION
<br />Consultant agrees todefend, and shall indemnify and hold harmless theCity, its officers,
<br />agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Consultantor its Consultants, subcontractors, agents, employees, or
<br />other persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
<br />This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultantfurther agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
<br />8.INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultantshall defend, indemnify and hold harmless the City, its officers, agents,
<br />ntained in the work
<br />product or documents provided by Consultantto the City pursuant to this Agreement.
<br />9.RECORDS
<br />Consultantshall keep records and invoices in connection with the work to be performed
<br />under this Agreement. Consultantshall maintain complete and accurate records with respect to
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