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Agmt 2012 Construction Testing Services Inc
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Agmt 2012 Construction Testing Services Inc
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Last modified
11/26/2012 2:56:49 PM
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11/26/2012 2:56:47 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/19/2012
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Reso 2012-119
(Approved by)
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\City Clerk\City Council\Resolutions\2012
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EXHIBIT C <br /> INDEMNIFICATION <br /> A. Consultant shall, to the extent permitted by law, indemnify, hold harmless and assume the defense of, <br /> in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and <br /> appointive boards, from all claims, losses, and damages, including property damage, personal injury, <br /> death, and liability of every kind, nature and description, arising out of, pertaining to or related to the <br /> negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly <br /> employed by, or acting as agent for, Consultant, during and after completion of Consultant's work <br /> under this Agreement. <br /> B. With respect to those claims arising from a professional error or omission, Consultant shall defend, <br /> indemnify and hold harmless the City (including its elected officials, officers, employees, and <br /> volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors <br /> or omissions of Consultant. <br /> C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or <br /> in part by the sole negligence or willful misconduct of the City. <br /> Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement <br /> of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other <br /> proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, <br /> or agents use of articles, products things, or services supplied in the performance of Consultant's services <br /> under this Agreement. <br /> Consulting Services Agreement between Project No. 08- 593 -52 -239 <br /> City of San Leandro and CTS, Inc.— Exhibit C Page 1 of 1 <br />
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