Common use of INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES Clause in Contracts

INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to the City, and indemnify and hold the City and its officials, officers, employees, agents, and volunteers harmless from and against any and all losses that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant (“Claims”).Consultant will bear all loses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negligence, active negligence, or willful misconduct of the City or any third party. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the indemnitees. However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. In addition, and notwithstanding the foregoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to the City, and indemnify indemnify, and hold the City and City, its officials, officers, employees, agents, and volunteers volunteers, harmless from and against any and all losses claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant Consultant, (“Claims”).Consultant Claims”). Consultant will bear all loseslosses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City or any third partyCity. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the indemniteesIndemnitees. However, notwithstanding Notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. In addition, and notwithstanding the foregoingforgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to the City, and indemnify indemnify, and hold the City City, its officers and its officials, officers, employees, agents, and volunteers harmless from and against any and all losses claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant Consultant, (“Claims”).Consultant Claims”). Consultant will bear all loseslosses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City or any third partyCity. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the indemniteesIndemnitees. However, notwithstanding Notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. In addition, and notwithstanding the foregoingforgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.