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Cesar Vargas and Associates
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<br />indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
<br />that arise out of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
<br />3.6.2.2 Additional Indemnity Obligations. Consultant shall
<br />defend, with legal counsel chosen by City, at Consultant's own cost, expense and risk,
<br />any and all claims, actions or other proceedings of every kind covered by Section
<br />3.6.2.1 that may be brought or instituted against City or its directors, officials, officers,
<br />employees, volunteers and agents. Consultant shall pay and satisfy any judgment,
<br />award or decree that may be rendered against City or its directors, officials, officers,
<br />employees, volunteers and agents as party of any such claim, suit, action or other
<br />proceeding. Consultant shall also reimburse City for the cost of any settlement paid by
<br />City or its directors, officials, officers, employees, agents, or volunteers as part of any
<br />such claim, suit, action or other proceeding. Such reimbursement shall include payment
<br />for City's attorneys' fees and costs, including expert witness fees. Consultant shall
<br />reimburse City and its directors, officials, officers, employees, agents, and /or volunteers,
<br />for any and all legal expenses and costs incurred by each of them in connection
<br />therewith or in enforcing the indemnity herein provided. Consultant's obligation to
<br />indemnify shall survive expiration or termination of this Agreement and shall not be
<br />restricted to insurance proceeds, if any, received by the City, its directors, officials
<br />officers, employees, agents, or volunteers.
<br />3.6.3 Governing Law; Government Code Claim Compliance. This
<br />Agreement shall be governed by the laws of the State of California. Venue shall be in
<br />Orange County. In addition to any and all contract requirements pertaining to notices of
<br />and requests for compensation or payment for extra work, disputed work, claims and /or
<br />changed conditions, Consultant must comply with the claim procedures set forth in
<br />Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such
<br />Government Code claims and any subsequent lawsuit based upon the Government
<br />Code claims shall be limited to those matters that remain unresolved after all
<br />procedures pertaining to extra work, disputed work, claims, and /or changed conditions
<br />have been followed by Consultant. If no such Government Code claim is submitted, or
<br />if any prerequisite contractual requirements are not otherwise satisfied as specified
<br />herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against
<br />the City.
<br />3.6.4 Time of Essence. Time is of the essence for each and every
<br />provision of this Agreement.
<br />3.6.5 City's Right to Employ Other Consultants. City reserves right to
<br />employ other consultants in connection with this Project.
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