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that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the selected Proposer, Sub-Proposer, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that any action or proceeding is brought against City by reason of any such claim or demand, the selected Proposer, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate selected Proposer to defend at its own expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities described in this RFP whether the design and/or construction operations be performed by selected Proposer, its Sub-Proposers, or by anyone directly or indirectly employed by either. 1.19 RESERVATION OF RIGHTS While pursuing this RFP process, the City reserves the right to: · Accept any or all responses, and the right, in its sole discretion, to accept the Proposer who will best serve the interests of, and represent the best value to, the City in conformity with the criteria set forth in Section 62-8 of the City Code. · Reject any and all qualifications and to seek new qualifications when such a procedure is reasonably in the best interest of the City. · Investigate the financial capability, integrity, experience, and quality of performance of each Proposer, including officers, principals, senior management, and supervisors, as well as staff identified in the response to RFP. · Investigate the Proposer's qualifications or any of its agents, as it deems appropriate · Conduct personal interviews of any or all Proposers prior to selection (the City shall not be liable for any costs incurred by the Proposer(s) in connection with such interviews). · Waive any of the conditions or criteria set forth in this RFP. · The City reserves the right on any advertised selection process to decide whether to select a firm based on submission received in response to this RFP or whether to hold interviews with the firms the City deems best qualified for the project. 1.20 ADDITIONAL INFORMATION · The Submission must clearly be marked on the front of the envelope: "SEALED PROPOSAL" RFP NO. 10-06-01 PROFESSIONAL AUDITING SERVICES OPENING DATE AND TIME: Tuesday, July 13,2010 at 10:00 a.m.