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<br />Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] <br />___ for ___ Exhibit D – Page 2 of 2 <br />indemnification and hold harmless clause shall apply to any damage or claim for damages whether or <br />not such insurance policies have been determined to apply. <br />I. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services <br />under this Agreement is determined by a court of competent jurisdiction or the California Public <br />Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, <br />Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or <br />employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or <br />subcontractors, as well as for the payment of any penalties and interest on such contributions, which <br />would otherwise be the responsibility of City. <br /> <br />J. Notwithstanding Sections A through I, to the extent that the services under this Agreement include <br />design professional services subject to California Civil Code Section 2782.8, as may be amended from <br />time to time, Consultant’s duty to indemnify and defend shall only be to the maximum extent permitted <br />by California Civil Code 2782.8. <br /> <br />K. Notwithstanding Sections A through I, to the extent this Agreement is a “construction contract” as <br />defined by California Civil Code Section 2782, as may be amended from time to time, such duties of <br />Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code <br />Section 2782. <br />