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ARTICLE 9
<br />INDEMNITY; INSURANCE; BONDS
<br />9.0.1 The Operator agrees to and will indemnify, hold harmless and defend the
<br />City and its employees, agents, officers and servants from any and all
<br />lawsuits, claims, demands and causes of action, suits and regulatory actions
<br />of any kind or character arising out of or in connection with the Operator's
<br />performance, acts, omissions, or failure to act under this Agreement. This
<br />will include, but not be limited to, the amounts of judgments, penalties,
<br />investigations, settlements, fines, forfeitures, interest, court costs, reasonable
<br />legal fees and expert witness fees, and all other expenses incurred by the City
<br />arising in favor of any party, including the amounts of any damages or
<br />awards resulting from claims demands and causes of action for personal
<br />injuries, death or damages to property alleged or actual infringement of
<br />patents, copyrights, and trademarks and without limitation by enumeration,
<br />all other claims, demands, or causes of action of every character occurring,
<br />resulting, or arising from or related to the Operator's activities or
<br />performance under this Agreement. This obligation extends to contamination
<br />of or adverse effects on the environment after the Effective Date of this
<br />Agreement, and any violation or alleged violation of applicable law. This
<br />obligation by Operator will not be limited because of the specification of any
<br />particular insurance coverage in this Agreement.
<br />9.0.2 To the extent permitted by law, the City agrees to and will indemnify, hold
<br />harmless and defend Operator its officers and employees from any and all
<br />lawsuits, claims, demands and causes of action, suits and regulatory actions
<br />of any kind or character arising out of or in connection with the City's
<br />performance, acts, omissions, or failure to act under this Agreement. This
<br />will include, but not be limited to, the amounts of judgments, penalties,
<br />investigations, settlements, fines, forfeitures, interest, court costs, reasonable
<br />legal fees and expert witness fees, and all other expenses incurred by the
<br />Operator arising in favor of any party, including the amounts of any
<br />damages or awards resulting from claims demands and causes of action for
<br />personal injuries, death or damages to property alleged or actual
<br />infringement of patents, copyrights, and trademarks and without limitation
<br />by enumeration, all other claims, demands, or causes of action of every
<br />character occurring, resulting, or arising from or related to the City's
<br />activities or performance under this Agreement. This obligation extends to
<br />contamination of or adverse effects on the environment after the Effective
<br />Date of this Agreement, and any violation or alleged violation of applicable
<br />law.
<br />9.0.3 The parties agree that the indemnity provided in Section 9.0.2 is provided by
<br />the City without waiving any immunity to which it may be entitled. The
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