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that no claims or liens of any type will be filed against any property owned by the City
<br />arising out of or incidental to the performance of any service performed pursuant to this
<br />Agreement. In the event a statutory lien notice is sent to the City, the Developer shall,
<br />where no payment bond covers the work, upon written notice from the City, immediately
<br />obtain a bond at its expense and hold City harmless from any losses that may result from
<br />the filing or enforcement of any said lien notice.
<br />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 />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
<br />any 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
<br />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 officers,
<br />employees, agents and contractors, under this Agreement, except to the extent such
<br />injuries, death, damages or breach are caused by the City.
<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
<br />of Developer for improvements constructed or caused to be constructed by the
<br />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 officers,
<br />agents and employees, from all claims, demands, and causes of action of every kind
<br />and character, including the cost of defense therefore, for any injury to or death of
<br />any persons and any loss of or damage to any property that is caused by, alleged to
<br />be caused by, arising out of, or in connection with, the Developer's work to be
<br />performed hereunder. This release shall apply whether or not said claims, demands,
<br />and causes or action are covered in whole or in part by insurance, but not to the extent
<br />said claims, demands, and causes of action were caused in whole or in part by the
<br />negligence of the City.
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