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<br /> 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 oz 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 ansing
<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 ansing or purportedly ansing
<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 ansing from negligence of willful acts of the City, its officers, employees,
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<br /> agents or contractors
<br /> (c) 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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