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1. WMMI Indemnity. WMMI shall indemnify and hold harmless the CITY, <br />its past, present and future employees and agents, from and against any and all <br />liabilities, COSTS of remedial action, penalties, fines, forfeitures, demands, claims, <br />causes of action, suits and costs and expenses incidental thereto (including cost of <br />defense, settlement and reasonable attorney's fees), which any or all of them may <br />hereafter suffer, incur, be responsible for or pay out as a result of bodily injuries <br />(including death) to any person, damage (including loss of use) to any property (public <br />or private), oontamination of or adverse affects on the environment, or any violation <br />or alleged violation by WMMI of statutes, ordinances, orders, rules or regulations of <br />any governmental entity or agency, directly or indirectly caused by, or arising out of <br />any acts, omissions or operations of WMMI or its employees or other persons engaged <br />by or under the control, supervision or direction of WMMI in the conduct of the <br />operation of the groundwater recovery and treatment facility at the Site. Nothing <br />contained herein shall require WMMI to indemnify the CITY or any other person from <br />any liability, claim, suit, cause of action, cost or expense whatsoever arising out of <br />execution of this Agreement by the CITY or authorities or out of any orders or rulings <br />of any nature whatsoever by the CITY or any of the CITY boards, agencies or <br />commissions prior to this Agreement. <br /> <br />2 <br /> <br /> <br />