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Draft 9/8/94 ARTICLE IX INDEMNIFICATION Section 9'~ 1 Release and Indemnification Covenant~. The Developer releases from and agrees that the City and governing body members, officers, agents, servants and employees thereof, shall n4t be liable for, and agrees to indemnify and hold harmless the City and the governing body ~members, officers, agents, servants and employees thereof against, any loss or damage to property or any injury to or death of any person occurring at, or about, or resulting from any defect in the ~vlinimum Improvements. (b) E~cept for any willful misrepresentation or any willful or wanton misconduct of the following named/parties, the Developer agrees to protect and defend the City and the governing body members, ~fficers, agents, servants and employees thereof, now or forever, and further agrees to hold t~e aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever, by!any person or entity whatsoever arising or purportedly arising from this Agreement, or thee transactions contemplated hereby or the acquisition, construction, installation, ownership, and o~eration of the Minimum Improvements. (c) The City and the governing body members, officers, agents, servants or employees shall not be liabie for any damage or injury to the persons or property of the Developer, or its officers, agents, ~ervants or employees or any other person who may be about the Development Property or Mini~mm Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements and obligations of the City contained hereinr, shall be deemed to be the covenants, stipulations, promises, agreements and obligations of thq City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. Page 17