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Attachment A - DRAFT
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<br />RFP No. 60149 Comprehensive Parks Master Plan Page 33 of 44
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<br />EXHIBIT C
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<br />INDEMNIFICATION
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<br />[NOTE TO STAFF: INDEMNIFICATION EXHIBIT VERSION 1, PROFESSIONAL
<br />USE THIS VERSION FOR ALL CONTRACTS WITH LICENSED ARCHITECTS, LANDSCAPE
<br />ARCHITECTS, PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND SURVEYORS ONLY. IF
<br />THIS VERSION 1 IS USED, DELETE VERSION 2 ON THE NEXT PAGE.]
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<br />A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
<br />and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
<br />City and school districts, its employees, agents, volunteers, and elective and appointive boards, from
<br />all claims, losses, and damages, including property damage, personal injury, death, and liability of
<br />every kind, nature and description, arising out of, pertaining to or related to the negligence,
<br />recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or
<br />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,
<br />indemnify and hold harmless the City and school districts (including its elected officials, officers,
<br />employees, and volunteers) from all claims, losses, and damages arising from the professionally
<br />negligent acts, errors or omissions of Consultant, however, the cost to defend c harged to Consultant
<br />shall not exceed Consultant’s proportionate percentage fault.
<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 and school districts.
<br />D. Consultant shall also indemnify, defend and hold harmless the City and school districts from all suits or
<br />claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service
<br />marks, or any other proprietary rights of any person or persons because of the City and school districts
<br />or any of its officers, employees, volunteers, or agents use of articles, products things, or services
<br />supplied in the performance of Consultant’s services under this Agreement, however, the cost to
<br />defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault .
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