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