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Exhibit 1 <br />to unique circumstances. <br />4.2 Indemnification. Consultant agrees to indemnify the Successor Agency, its <br />officers, agents and employees against, and will hold and save them and each of them harmless <br />from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, <br />obligations, errors, omissions or liabilities, including paying any legal costs, attorney's fees, or <br />paying any judgment (herein "claims ordiabilities") that may be asserted or claimed by any person, <br />firm or entity arising out of or in connection with the performance of the work or services of the <br />Consultant, its agents, employees, subcontractors, or invitees, provided for herein, or arising <br />from the negligent acts or omissions of the Consultant hereunder, or arising from the Consultant's <br />negligent performance of or failure to perform any term, provision covenant or condition of this <br />Agreement, but excluding such claims or liabilities to the extent caused by the sole negligence or <br />willful misconduct of the Successor Agency. <br />4 <br />SA -3-8 <br />