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harmless from any losses that may result from the filing or enforcement of any <br /> said lien notice. <br /> 2.2.6 Books and Records. All of Owner's books and other records <br /> related to the design, bidding and construction of the Public Improvements shall <br /> be available for inspection by the City. <br /> 2.3 GOVERNMENTAL IMMUNITY, INDEMNITY AND RELEASE <br /> 2.3.1 No Waiver of Immunity. The City's execution of and <br /> performance under this Agreement will not act as a waiver of any immunity <br /> of the City to suit or liability under applicable law. The parties acknowledge <br /> that the City, in executing and performing this Agreement, is a governmental <br /> entity acting in a governmental capacity. <br /> 2.3.2 Indemnity and Release. Owner agrees to and shall indemnify, <br /> hold harmless, and defend City and its officers, agents, and employees from <br /> and against any and all claims, losses, damages, causes of action, suits, and <br /> liability of every kind, including all expenses of litigation, court costs, expert <br /> fees and attorney's fees, for injury to or death of any person, or for damage <br /> to any property, or for breach of contract, arising out of or in connection <br /> with the work done by Owner, its officers, employees, agents and <br /> contractors, under this Agreement, regardless of whether such injuries, <br /> death, damages or breach are caused in whole or in part by the negligence of <br /> City, any other party indemnified hereunder, or Owner. <br /> 2.3.3 Indemnity and Hold Harmless as to Subcontractors. Owner <br /> shall indemnify and hold the City harmless from any claims of suppliers or <br /> subcontractors of Owner for improvements constructed or caused to be <br /> constructed by Owner. <br /> 2.3.4 Indemnity and Hold Harmless as to Others. Owner shall <br /> indemnify and hold the City harmless from any and all injuries to or claims <br /> of adjacent property owners or occupants resulting from or relating to <br /> Owner's performance under this Agreement. <br /> 2.3.5 Release. Owner 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 <br /> action of every kind and character, including the cost of defense therefore, <br /> for any injury to or death of any persons and any loss of or damage to any <br /> property that is caused by, alleged to be caused by, arising out of, or in <br /> connection with, Owner's work to be performed hereunder. This release shall <br /> apply whether or not said claims, demands, and causes or action are covered <br /> in whole or in part by insurance and regardless of whether or not said <br />