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<br />ARß CLB 9 <br /> <br />III SMIT . T ..A 1IROUS PROVI S IOIIS <br /> <br />9.1 <br /> <br />Unless otherwise specified, this Agreement shall be governed <br /> <br />by the law of the principal place of business of the city. <br /> <br />9.2 <br /> <br />Terms in this Agreement shall have the same meanings as those <br /> <br />in <br /> <br />the <br /> <br />construction <br /> <br />contract <br /> <br />documents <br /> <br />executed <br /> <br />by <br /> <br />the <br /> <br />CITY <br /> <br />and <br /> <br />Contractor for this project. <br /> <br />9.3 <br /> <br />As between the parties to this Agreement, as to all acts or <br /> <br />failures <br /> <br />to <br /> <br />act by ei ther party to this Agreement, <br /> <br />any applicable <br /> <br />statute of limitations shall commence to run and any alleged cause of <br /> <br />action shall be deemed to have accrued in any and all events when the <br /> <br />party commencing said cause of action knew or should have known of the <br /> <br />existence of the subject acts(s) or failure(s) to act. <br /> <br />9.4 <br /> <br />The ARCHITECT hereby agrees to protect, defend, and indemnify <br /> <br />the CITY and its employees, agents, officers and servants from any and <br /> <br />all lawsuits, claims, demands and causes of action of any kind arising <br /> <br />from the negligent or intentional wrongful acts of the ARCHITECT, its <br /> <br />employees or agents. <br /> <br />This shall incÍude, but not be limited to, the <br /> <br />amounts of judgments, penalties, <br /> <br />interests, court costs, <br /> <br />legal fees, <br /> <br />and all other expenses incurred by the CITY arising in favor of any <br />party, including the amounts of any damages or awards resulting from <br /> <br />claims, demands and causes of action for personal injuries, death or <br /> <br />damages to property and without limitation by enumeration, all other <br /> <br />claims, <br /> <br />demands, <br /> <br />or causes of action of every character occurring, <br /> <br />resulting, or arising from any negligent or intentional wrongful act, <br />error or omission of the ARCHITECT and/or its agents and/or employees <br /> <br />and/or the joint negligence or joint intentional wrongful act, error, <br />omission of CITY and ARCHITECT and/or its agents, subcontractors and/or <br /> <br />employees and/or the joint concurring, connected acts or omissions of <br /> <br />negligence or intentional wrongful acts, errors and omissions of the <br /> <br />CITY and ARCHITECT together in those instances only when they all act <br /> <br />jointly, in concert. <br /> <br />Said indemnity and hold harmless provision shall <br /> <br />not <br /> <br />be <br /> <br />limi ted by <br /> <br />reason <br /> <br />of <br /> <br />the <br /> <br />specification of <br /> <br />any <br /> <br />particular <br /> <br />insurance coverage <br /> <br />in this <br /> <br />Agreement. <br /> <br />ARCHITECT further <br /> <br />agrees <br /> <br />to <br /> <br />obtain from its contractors, subcontractors and consultants, if any, <br /> <br />-16- <br />