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2.3 GOVERNMENTAL IMMUNITY, INDEMNITY AND RELEASE
<br />2.3.1 No Waiver of Immunity. The City's execution of and performance
<br />under this Agreement will not act as a waiver of any immunity of the City to suit or
<br />liability under applicable law. The parties acknowledge that the City, in executing
<br />and performing this Agreement, is a governmental entity acting in a governmental
<br />capacity.
<br />23.2 Indemnity and Release. Developer agrees to and shall indemnify, hold
<br />harmless, and defend City and its officers, agents, and employees from and against
<br />any and all claims, losses, damages, causes of action, suits, and liability of every
<br />kind, including all expenses of litigation, court costs, expert fees and attorney's fees,
<br />for injury to or death of any person, or for damage to any property, or for breach of
<br />contract, arising out of or in connection with the work done by Developer, its
<br />officers, employees, agents and contractors, under this Agreement, regardless of
<br />whether such injuries, death, damages or breach are caused in whole or in part by
<br />the negligence of City, any other party indemnified hereunder, or the Developer.
<br />2.3.3 Indemnity and Hold Harmless as to Subcontractors. The Developer
<br />shall indemnify and hold the City harmless from any claims of suppliers or
<br />subcontractors of Developer for improvements constructed or caused to be
<br />constructed by the Developer.
<br />2.3.4 Indemnity and Hold Harmless as to Others The Developer shall
<br />indemnify and hold the City harmless from any and all injuries to or claims of
<br />adjacent property owners or occupants resulting from or relating to the Developer's
<br />performance under this Agreement.
<br />2.3.5 Release. The Developer assumes full responsibility for the work to be
<br />performed hereunder, and releases, relinquishes and discharges the City, its
<br />officers, agents and employees, from all claims, demands, and causes of action of
<br />every kind and character, including the cost of defense therefore, for any injury to
<br />or death of any persons and any loss of or damage to any property that is caused by,
<br />alleged to be caused by, arising out of, or in connection with, the Developer's work
<br />to be performed hereunder. This release shall apply whether or not said claims,
<br />demands, and causes or action are covered in whole or in part by insurance and
<br />regardless of whether or not said claims, demands, and causes of action were caused
<br />in whole or in part by the negligence of the City, any other party released
<br />hereunder, or the Developer.
<br />2.4 Miscellaneous
<br />2.4.1 Entire Agreement; Amendment; Assignment. This Agreement constitutes
<br />the entire agreement between the parties hereto and may be amended only by a written
<br />document signed by the parties. This Agreement shall be binding upon the successors
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