|
COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
<br />ATTORNEYS, AND EMPLOYEES, IN BOTH THEIR PUBLIC AND
<br />PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL
<br />CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES,
<br />FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR
<br />CAUSES OF ACTION OF EVERY HIND INCLUDING ALL EXPENSES
<br />OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND
<br />ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO
<br />OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR
<br />LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR,
<br />OMISSION, OR NEGLIGENT ACT OF SDBA, ITS
<br />SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF
<br />SDBA OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER
<br />THIRD PARTIES OR PERSONS FOR WHOM OR WHICH SDBA IS
<br />LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF,
<br />RELATING TO, RESULTING FROM, OR IN CONNECTION WITH
<br />THE PERFORMANCE OF THIS CONTRACT, AND SDBA WILL AT
<br />ITS OWN COST AND EXPENSE DEFEND AND PROTECT CITY FROM
<br />ANY AND ALL SUCH CLAIMS AND DEMANDS.
<br />SDBA DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
<br />INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY
<br />TOGETHER WITH ITS MAYOR AND CITY COUNCIL AND ALL OF
<br />ITS OFFICIALS, OFFICERS, AGENTS, ATTORNEYS, AND
<br />EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS,
<br />CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES,
<br />JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES
<br />OF ACTION OF EVERY HIND INCLUDING ALL EXPENSES OF
<br />LITIGATION AND/OR SETTLEMENT, COURT COSTS AND
<br />ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR
<br />FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY
<br />PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE
<br />PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL
<br />APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES,
<br />DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
<br />PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR
<br />IN PART FROM THE NEGLIGENCE OF THE CITY, ITS MAYOR AND
<br />CITY COUNCIL, OFFICERS, OFFICIALS, AGENTS, ATTORNEYS, OR
<br />EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES
<br />HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS
<br />PARAGRAPH IS INDEMNITY BY SDBA TO INDEMNIFY AND
<br />PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN
<br />NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR
<br />CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE.
<br />
|