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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,regardless of whether such
<br /> injuries, death, damages or breach are caused in whole or in part by the negligence
<br /> of City, any other 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
<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 and regardless of
<br /> whether or not said claims, demands,and causes of action were caused in whole or in
<br /> part by the negligence of the City, any other party released hereunder, or the
<br /> Developer.
<br /> 2.4 Miscellaneous
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