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<br />DRAFT 3/18/98
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<br />ARTICLE IX
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<br />INDEMNIFICATION
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<br /> Section 9.1 Release and Indemnification Covenants. The Developer releases from and agrees that
<br />the City and governing body members, officers, agents, servants and employees thereof, shall not be liable for, and
<br />agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and
<br />employees thereof against, any loss or damage to property or any injury to or death of any person occurring at, or
<br />about, or resulting from any defect in the Minimum Improvements except any loss, damage, injury or death arising
<br />from negligence or willful acts of the City, its officers, employees, agents or contractors.
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<br /> (a) Except for any negligent or willful misrepresentation or any negligent, willful or wanton
<br />misconduct of the following named parties, the Developer agrees to protect and defend the City and the governing
<br />body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the
<br />aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever, by any person or entity
<br />whatsoever arising or purportedly arising from the acquisition, construction, installation, ownership, and operation
<br />of the Minimum Improvements by the Developer.
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<br /> (b) The City and the governing body members, officers, agents, servants or employees shall not be
<br />liable for any damage or injury to the persons or property of the Developer, or its officers, agents, servants or
<br />employees, or any other person who may be about the Development Property or Minimum Improvements due to
<br />any act of negligence of any person except any loss~ damage, injury or death arising from negligence or willful acts
<br />of the City, its officers, employees, agents or contractors.
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<br /> (c) All covenants, stipulations, promises, agreements and obligations of the City contained herein,
<br />shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any
<br />governing body member, officer, agent, servant or employee of the City in the individual capacity thereof.
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