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Consulting Services Agreement between City of San Leandro and
<br />Haley & Aldrich, Inc. for Design Services for Lake Chabot Road Erosion Repairs
<br /> Last revised 12/2024
<br />Exhibit C - Page 1C of 1
<br />EXHIBIT C
<br />INDEMNIFICATION
<br />A.Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8,
<br />indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees,
<br />agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property
<br />damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or
<br />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
<br />Agreement.
<br />B.With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and
<br />hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses,
<br />and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to
<br />defend charged to Consultant 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 in part by the
<br />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 of any
<br />patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of
<br />any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles,
<br />products things, or services supplied in the performance of Consultant’s services under this Agreement, however,
<br />the cost to defend charged to 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 infringement of any
<br />patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of
<br />any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles,
<br />products things, or services supplied in the performance of Consultant’s services under this Agreement, however,
<br />the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.
<br />Docusign Envelope ID: 5A210297-2C6D-4132-9363-47ABA0868216
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