13 - Agreement with Nash for cost sharing of improvements - Johnson Woods Creek

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1.06 CITY shall not be liable to NASH, NASH's agents, assigns, servants, employees, visitors, guests, or invitees, nor any pedestrian or bystander for any damage or injury caused by the acts or negligence of any person or entity or resulting from the operation of any device or equipment located upon the NASH property, or any appurtenance thereof, nor for any damage or injury from any defect or want of repair of any structure or device on the NASH property, or for any Act of God which might occur on the NASH property. 1.07 INDEMNIFICATION AND RELEASE NASH DOES HEREBY COVENANT AND CONTRACT TO INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, OFFICERS AND ELECTED OFFICIALS IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ALL THIRD PARTY LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, TO THE EXTENT THE SAME RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR NEGLIGENT ACTS OR OMISSIONS OF ANY PARTY (THE "INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE BODILY INJURY AND DEATH CLAIMS AND THIRD PARTY TANGIBLE PROPERTY DAMAGE CLAIMS, OR FAILURE TO PAY A CONTRACTOR, SUBCONTRACTOR, OR SUPPLIER. INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. Furthermore, NASH hereby releases and holds harmless the CITY and its employees, agents, officers, and elected officials from any and every potential cause of action, including but not limited to personal injury or death to any party or property damage, arising from CITY's participation with NASH in this Project. This release extends to the planning, preparation and construction of the Project as well as to any future drainage or erosion related damages that may arise relating to the placing and construction of the gabion wall.