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<br />Consulting Services Agreement between City of San Leandro and Last revised 01/13/2025
<br />WPCP Structural Plan Review Exhibit C – Page 1 of 1
<br />EXHIBIT C
<br />INDEMNIFICATION
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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 defend, to the maximum extent allowed under 2782.8,
<br />actions at law or in equity, the City, its employees, , volunteers, and elective and appointive boards,
<br />from 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 (including its elected officials, officers, employees, and
<br />volunteers) from claims, losses, and damages arising from the professionally negligent acts, errors or
<br />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
<br />in part by the 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, however, the cost to defend charged to
<br />Consultant shall not exceed Consultant’s proportionate percentage fault.
<br />E. 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, however, the cost to defend charged to
<br />Consultant shall not exceed Consultant’s proportionate percentage fault.
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<br />Docusign Envelope ID: 19CAED29-6B12-42C2-A12A-EFB59AAE69B6
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