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the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in <br />writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. <br /> <br />8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly <br />declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise <br />by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or <br />different times, of any other rights or remedies for the same default or any other default by the other party. <br /> <br />8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law <br />or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific <br />performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent <br />with the purposes of the Agreement. <br /> <br />8.8 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to <br />any action or proceeding in any way connected with this Agreement, the prevailing party in such action or <br />proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to <br />reasonable attorney's fees. Attorney fees shall include attorney's fees on any appeal, and in addition a party entitled <br />to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and <br />discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be <br />deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is <br />prosecuted to judgment. <br /> <br />8.9 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this <br />Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. <br /> <br />8.10 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement <br />does not constitute a waiver of any other breach of that term or any other term of this Agreement. <br /> <br />8.11 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall <br />apply to and bind the successors and assigns of the parties. <br /> <br /> 9.0 CITY OFFICERS AND EMPLOYEES <br /> <br />9.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally <br />liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount that <br />may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. <br /> <br />9.2 Indemnification and Consultant’s Responsibilities. Consultant shall indemnify, defend with <br />counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents, and volunteers from <br />and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s <br />fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with the <br />Consultant’s performance of services or its failure to comply with any of its obligations contained in this Agreement, <br />except such Liability caused by the sole negligence or willful misconduct of City. <br /> <br />Consultant’s obligation to defend and indemnify shall not be excused because of Consultant’s inability to <br />evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the <br />claimant. Consultant must respond within thirty (30) days, to the tender of any claim for defense and indemnity by <br />City, unless this time has been extended by City. If Consultant fails to accept or reject a tender of defense and <br />indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due to <br />Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by City, may be <br />retained by City until disposition has been made of the claim or suit for damages, or until Consultant accepts or <br />rejects the tender of defense, whichever occurs first. <br /> <br />With respect to third party claims against Consultant, Consultant waives any and all rights of any type to <br />express or implied indemnity against the Indemnities. <br />