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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 active negligence or willful misconduct of the City. <br /> D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for <br /> infringement of any patent rights, copyrights, trade secrets,trade names,trademarks, service marks, or <br /> any other proprietary rights of any person or persons because of the City or any of its officers, <br /> employees, volunteers, or agents use of articles, products things, or services supplied in the <br /> performance of Consultant's services under this Agreement. <br /> Consulting Services Agreement between City of <br /> San Leandro and Harris Design Exhibit C—Page 21 of 24 <br />