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2.2.5 Payments to Subcontractors and Suppliers. The Developer shall be solely and
<br />exclusively responsible for compensating any of its contractors, employees, subcontractors,
<br />materialmen and/or suppliers of any type or nature whatsoever and insuring that no claims or
<br />liens of any type will be filed against any property owned by the City arising out of or incidental
<br />to the performance of any service performed pursuant to this Agreement. In the event a
<br />statutory lien notice is sent to the City, the Developer shall, where no payment bond covers the
<br />work, upon written notice from the City, immediately obtain a bond at its expense and hold
<br />City harmless from any losses that may result from the fling or enforcement of any said lien
<br />notice.
<br />2.3 GOVERNMENTAL IMMUNITY, INDEMNITY AND RELEASE
<br />2.3.1 No Waiver of Immunity. The City's execution of and performance under
<br />this Agreement will not act as a waiver of any immunity of the City to suit or liability
<br />under applicable law. The parties acknowledge that the City, in executing and
<br />performing this Agreement, is a governmental entity acting in a governmental capacity.
<br />2.3.2 Indemnity and Release. Developer agrees to and shall indemnify, hold
<br />harmless, and defend City and its officers, agents, and employees from and against any
<br />and all claims, losses, damages, causes of action, suits, and liability of every kind,
<br />including all expenses of litigation, court costs, expert fees and attorney's fees, for injury
<br />to or death of any person, or for damage to any property, or for breach of contract,
<br />arising out of or in connection with the work done by Developer, its officers, employees,
<br />agents and contractors, under this Agreement, regardless of whether such injuries, death,
<br />damages or breach are caused in whole or in part by the negligence of City, any other
<br />party indemnified hereunder, or the Developer.
<br />2.3.3 Indemnity and Hold Harmless as to Subcontractors. The Developer shall
<br />indemnify and hold the City harmless from any claims of suppliers or subcontractors of
<br />Developer for improvements constructed or caused to be constructed by the Developer.
<br />2.3.4 Indemnity and Hold Harmless as to Others. The Developer shall indemnify
<br />and hold the City harmless from any and all injuries to or claims of adjacent property
<br />owners or occupants resulting from or relating to the Developer's performance under
<br />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 officers,
<br />agents and employees, from all claims, demands, and causes of action of every kind and
<br />character, including the cost of defense therefore, for any injury to or death of any
<br />persons and any loss of or damage to any property that is caused by, alleged to be caused
<br />by, arising out of, or in connection with, the Developer's work to be performed
<br />hereunder. This release shall apply whether or not said claims, demands, and causes or
<br />action are covered in whole or in part by insurance and regardless of whether or not said
<br />claims, demands, and causes of action were caused in whole or in part by the negligence
<br />of the City, any other party released hereunder, or the Developer.
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