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<br />ARTICLE IX
<br />INDEMNIFICA TION
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<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.
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<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 protect and defend the
<br />City and the governing body members, officers, agents, servants and employees thereof, now or
<br />forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or
<br />other proceeding whatsoever, by any person or entity whatsoever arising, or purportedly arising,
<br />from the acquisition, construction, installation, ownership, and operation of the Minimum
<br />Improvements by the Developer.
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<br />(b) The City and the governing body members, officers, agents, servants or employees
<br />shall not be liable for any damage or injury to the persons or property of the Developer, or its
<br />officers, agents, servants or employees, or any other person who may be about the Development
<br />Property or Minimum Improvements due to any act of negligence of any person except any loss,
<br />damage, injury or death arising from negligence or willful acts of the City, its officers, employees,
<br />agents or contractors.
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<br />(c) All covenants, stipulations, promises, agreements and obligations of the City
<br />contained herein, shall be deemed to be the covenants, stipulations, promises, agreements and
<br />obligations of the City and not of any governing body member, officer, agent, servant or employee
<br />of the City in the individual capacity thereof.
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