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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, in any actions at law or <br />in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and <br />damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, <br />pertaining to or related to the 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 under this Agreement. <br />B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold <br />harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages <br />arising from the professionally negligent acts, errors 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 in part by the active <br />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 of any patent rights, <br />copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons <br />because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied <br />in the performance of Consultant's services under this Agreement. <br />