Agenda - Council - 01/10/1995 - Laserfiche WebLink

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Draft 1/4/95 ARTICLE IX INDEMNIFICATION ? Section 9. I Release and Indemnification Coy.~nants. The Developer releases from and agr~s that the City and governing body members, officers, agents, servants and employees ther~f, shall not be liable for, and agrees to indemnify and hold harmless the City and the gov~'ning body members, officers, agents, servants and employees thereof against, any loss or ~ge to property or any injury to or death of any person occurring at, or about, or resulting from any Defect in the Minimum Improvements, ~ (b) Except for any willful misrepresentation or any willful or wanton misconduct of the foll6wing named parries, the Developer agrees to protect and defend the City and the governing bo~y members, officers, agents, servants and employees thereof, now or forever, and further agr~:-es to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever, by any person or entity whatsoever arising or purportedly arising from this Ag~.eement, or the transactions contemplated hereby or the acquisition, construction, installation, owgership, and operation of the Minimum Improvements. sh7~ (c) The City and the governing body members, officers, agents, servants or employees not be liable for any damage or injury to the persons or property of the Developer, or its officers, agents, servants or employees, or any other person who may be about the Development Pr~en'y or Minimum Improvements due to any act of negligence of any person. ~:~ (d) All covenants, stipulations, promises, agreements and obligations of the CiBr c,6~tained herein, shall be deemed to be the covenants, stipulations, promises, agreements and o~Iigations of the City and not of any governing body member, officer, agent, servant or employee o(~the¢i City in the individual capacity thereof. ? Page 17