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Contract Agreement Statement
<br />Agreement Exception
<br />Willdan has reviewed the On -Call Engineering Plan Check Services Agreement and shall meet
<br />these requirements upon selection with the following wording suggested by our corporate
<br />attorney that is summarized below:
<br />Page 5, Paraoraah 8
<br />Add the following Additions and Deletions to the end of this paragraph:
<br />8. Consultant agrees to defend, and shall indemnify and hold harmless the City, its
<br />offices, agents, employees, contractors, special counsel, and representatives from liability: (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />claims for personal injury, including death, and claims for property damage, which may arise for the
<br />negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting
<br />on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any
<br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement apply to all claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by
<br />reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to
<br />indemnity, hold harmless, and pay all costs for the defense of the City, including fees and costs for
<br />special counsel to be selected by the City, regarding any action by a third party challenging the
<br />validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects
<br />arising from this Agreement. City may make all reasonable decisions with respect to its representation
<br />n in any legal proceeding. Notwithstanding the foregoing, Ie t e e)deRt Ccnc ItaR"s
<br />, the above indemnity shall be limited, "to the extent Faqu;r^dd �
<br />", to claims that arise out of, pertain to, or relate to the negligence,
<br />recklessness, or willful misconduct of the Consultant "and excluding such claims that arise out of
<br />the sole negligence or misconduct of the indemnified parties" to the end of the paragraph."
<br />Proposal for On -Call Plan Checking Services
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