11"Indemnitees ") shall have no liability to Consultant or to any other person for, and
Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and
against, any and all liabilities, claims, actions, causes of action, proceedings, suits,
damages, judgments, liens, levies, costs and expenses of whatever nature, including
reasonable attorneys' fees and disbursements (collectively "Claims "), which the
Indemnitees may suffer or incur or to which the Indemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss
of use of property, economic loss or otherwise occurring as a result of or allegedly caused
by the performance or failure to perform by Consultant of Consultant's services under this
agreement or the negligent or willful acts or omissions of Consultant, its agents, officers,
directors or employees, in performing any of the services under this agreement
If any action or proceeding is brought against the Indemnitees by reason of any of
the matters against which Consultant has agreed to indemnify the Indemnitees as above
provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at
Consultant's expense by counsel acceptable to the City The Indemnitees need not have
first paid any of the matters as to which the Indemnitees are entitled to indemnity in order
to be so indemnified The insurance required to be maintained by Consultant under
paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the
limits of such insurance shall not limit the liability of Consultant hereunder The provisions
of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement
N 1AGREEMNT MST -8-
178