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responses eollected by the Consultant from respondents participating in any surveys
<br />conducted,pursuant to the terms of this Agreement,contain the respondents’
<br />confidential and personally identifiable information and shall remain the property of
<br />the Consultant.
<br />6.INSURANCE
<br />Insurance requirements are attached hereto as Exhibit C.
<br />7.INDEMNIFICATION
<br />Consultant agrees to defend,and shall indemnify and hold harmless the City,its officers,
<br />agents,employees,contractors,special counsel,and representatives from liability:(1)for personal
<br />injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for
<br />personal injury,including death,and claims for property damage,which may arise from the
<br />negligent operations of the Consultant,its subcontractors,agents,employees,or other persons
<br />acting on its behalf which relates to the services described in section 1 of this Agreement;and (2)
<br />from any claim that personal injury,damages,just compensation,restitution,judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement and as a result of the
<br />negligence,errors,or omissions of the Consultant.This indemnity and hold harmless agreement
<br />applies 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 and as a result of the negligence,
<br />errors,or omissions of the Consultant.The Consultant further agrees to indemnify,hold harmless,
<br />and pay all costs for the defense of the City,including fees and costs for special counsel to be
<br />selected by the City,regarding any action by a third party challenging the validity of this
<br />Agreement,or asserting that personal injury,damages,just compensation,restitution,judicial or
<br />equitable relief due to personal or property rights arises by reason of the terms of,or effects arising
<br />from this Agreement and as a result of the negligence,errors,or omissions of the Consultant.City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing,to the extent Consultant’s services are subject to Civil Code
<br />Section 2782.8,the above indemnity shall be limited,to the extent required by Civil Code Section
<br />2782.8,to claims that arise out of,pertain to,or relate to the negligence,recklessness,or willful
<br />misconduct of the Consultant.
<br />8.INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend and indemnify the City,its officers,agents,representatives,and
<br />employees against any and all liability,including costs,for infiingement of any United States’
<br />letters patent,trademark,or copyright infringement,including costs,contained in the work product
<br />or documents provided by Consultant to the City pursuant to this Agreement.
<br />9.RECORDS
<br />Consultant shall keep records and invoices in connection with the work to be performed
<br />under this Agreement.Consultant shall maintain complete and accurate records with respect to
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