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or for the benefit of the City by Company or other affiliated entities under the same common <br />ownership and control as Company. <br />Section 8.05. Force Majeure. An event of force majeure means an event beyond the <br />reasonable control of a Party obligated to perform an act or take some action under this Agreement <br />including, but not limited to, acts of God, earthquake, fire, explosion, war, civil insurrection, acts <br />of the public enemy, act of civil or military authority, sabotage, terrorism, floods, lightning, <br />hurricanes, tornadoes, severe snow storms or utility disruption, strikes, lockouts, major equipment <br />failure or the failure of any major supplier to perform its obligations. If a force majeure event <br />occurs and such event prevents a Party from fulfilling its obligations hereunder, the applicable <br />time period for performing such obligations shall be extended by the period of delay resulting from <br />the force majeure. <br />Section 8.06. Indemnification. The City shall not be obligated to pay any indebtedness <br />or obligations of Company, other than those arising out of the negligence or intentional misconduct <br />of the City or any of its elected officials or employees. Company hereby agrees to indemnify and <br />hold the City, and the City's elected officials and employees, harmless from and against (i) any <br />indebtedness or obligations of Company; (ii) any other loss, claim, demand, lawsuit, liability or <br />damages arising from the negligence or intentional misconduct of Company in the performance of <br />its obligations under this Agreement, or (iii) breach of any representation, warranty, covenant or <br />agreement of Company contained in this Agreement, without regard to any notice or cure <br />provisions. Company's indemnification obligation hereunder shall include payment of the City's <br />reasonable attorneys' fees, costs and expenses with respect thereto. <br />14 <br />