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EXHIBIT C
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<br />INDEMNIFICATION
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<br />Consulting Services Agreement between City of San Leandro and 10/02/2023
<br />Fehr & Peers for Bicycle and Pedestrian Master Plan Update Page 1 of 1
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<br />A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and
<br />2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City,
<br />its officials, employees, agents, volunteers, and elective and appointive boards, from all claims, losses,
<br />and damages, including property damage, personal injury, death, and liability of every kind, nature and
<br />description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of
<br />Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and
<br />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 (including its elected and appointed officials, officers, employees,
<br />and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
<br />or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
<br />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 in
<br />part by the sole 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 infringement
<br />of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other
<br />proprietary rights of any person or persons because of the City or any of its officers, employees,
<br />volunteers, or agents use of articles, products things, or services supplied in the performance of
<br />Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not
<br />exceed Consultant’s proportionate percentage fault.
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<br />DocuSign Envelope ID: 6D0AEE58-A252-497A-B3D4-ECEB65A6296A
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