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