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Agmt 2018 CSA CoSL and BFWC #3463
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Agmt 2018 CSA CoSL and BFWC #3463
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6/5/2019 7:17:44 AM
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12/14/2018 3:36:17 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2018
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PERM
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EXHIBIT C <br />INDEMNIFICATION <br />Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, <br />elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, <br />claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) <br />(collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the <br />services called for or its failure to comply with any of its obligations contained in this Agreement, except such <br />Liability caused by the sole negligence or willful misconduct of City. <br />Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California <br />Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall <br />not apply when to do so would be prohibited by California Civil Code Section 2782. <br />The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's <br />inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant <br />is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for <br />defense and indemnity by the City. If the Consultant fails to acceptor reject a tender of defense and indemnity <br />within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant <br />under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be <br />retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant <br />accepts or rejects the tender of defense, whichever occurs first. <br />Consulting Services Agreement between City of San Leandro and Last revised July 1, 2018 <br />Building Futures With Women And Children for San Leandro Shelter—Exhibit C Page 1 of 1 <br />
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