06-22-1994 Council Agenda - Laserfiche WebLink

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5.9. The Consultant shall allow the City, or its duly authorized agent, reasonable access to such of the Consultant's books and records, documents, accounting procedures and practices as are pertinent to all services provided under this Agreement. 5.10. The Consultant shall indemnify, defend and hold harmless the City, and all of its officers, employees, elected officials and agents from and against any and all costs, suits, liability, penalties, damages, demands, expenses and claims of damage, including reasonable attorneys' fees, which may arise by reason of any act, negligent or otherwise, done by Consultant arising out of or relating to this Agreement or for work done under pretended authority of this Agreement. This paragraph is subject to subsequent agreements or indemnifications to which the City and Consultant may agree in writing. 5.11. The City shall indemnify, defend and hold harmless the Consultant and any of its officers, employees, directors, and agents from and against any and all costs, suits, liability, penalties, damages, demands, expenses and claims of damage, including reasonable attorneys' fees, which may arise by reason of any act, negligent or otherwise, done by City under this Agreement or for work done under pretended authority of this Agreement. This paragraph is subject to subsequent agreements or indemnifications to which the City and Consultant may agree in writing. 5.12. The Consultant is an independent contractor. No employees of the Consultant and no other persons employed by the Consultant in the performance of its activities as provided for under this Agreement shall be considered employees of the City. No employees of the City and no other persons employed by the City in the performance of its activities as provided for under this Agreement shall be considered employees of the Consultant. 5.13. In order to protect itself as well as the City under the indemnity Page 94