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D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
<br />CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
<br />INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF PARIS (OWNER) TOGETHER
<br />WITH ITS MAYOR AND CITY COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS
<br />AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND
<br />AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS,
<br />EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES
<br />OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR
<br />SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON
<br />OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS
<br />OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT
<br />OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES
<br />OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD
<br />PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY
<br />RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN
<br />CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR
<br />WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT CITY OF
<br />PARIS (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
<br />CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
<br />INDEMNIFY, DEFEND AND HOLD HARMLESS CITY OF PARIS (OWNER) TOGETHER
<br />WITH ITS MAYOR AND CITY COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS,
<br />AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS,
<br />COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
<br />PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL
<br />EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS
<br />FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR
<br />LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE
<br />PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE
<br />CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS,
<br />LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR
<br />IN PART FROM THE NEGLIGENCE OF THE CITY OF PARIS (OWNER), ITS MAYOR AND
<br />CITY COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS
<br />INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS
<br />PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY OF
<br />PARIS (OWNER) FROM THE CONSEQUENCES OF CITY OF PARIS'S (OWNER'S) OWN
<br />NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
<br />THE INJURY, DEATH OR DAMAGE.
<br />IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY
<br />ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB -CONTRACTOR, ANYONE DIRECTLY
<br />OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
<br />THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL
<br />NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF
<br />DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR
<br />OR ANY SUB -CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER
<br />EMPLOYEE BENEFIT ACTS.
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