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5.9. The Consultant shall allow the City, or its duly authorized <br />agent, reasonable access to such of the Consultant's books and <br />records, documents, accounting procedures and practices as are <br />pertinent to all services provided under this Agreement. <br />5.10. The Consultant shall indemnify, defend and hold harmless the <br />City, and all of its officers, employees, elected officials and <br />agents from and against any and all costs, suits, liability, <br />penalties, damages, demands, expenses and claims of damage, including <br />reasonable attorneys' fees, which may arise by reason of any act, <br />negligent or otherwise, done by Consultant in the performance of its <br />work or duties under this Agreement or for work done under pretended <br />authority of this Agreement. This paragraph is subject to subsequent <br />agreements or indemnifications to which the City and Consultant may <br />agree in writing. <br />5.11. The City shall indemnify, defend and hold harmless the <br />Consultant and any of its officers, employees, and directors from and <br />against any and all costs, suits, liability, penalties, damages, <br />demands, expenses and claims of damage, including reasonable <br />attorneys' fees, which may arise by reason of any act, negligent or <br />otherwise, done by City in the performance of its work or duties <br />under this Agreement or for work done under pretended authority of <br />this Agreement. This paragraph is subject to subsequent agreements <br />or indemnifications to which the City and Consultant may agree in <br />writing. <br />5.12. The Consultant is an independent contractor. No employees of <br />the Consultant and no other persons employed by the Consultant in the <br />performance of its activities as provided for under this Agreement <br />Page 18 <br />Page 33 <br />