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<br /> ~s-:r <br /> this Agreement, any other party shall be entitled, but not be <br /> obligated, to advance such funds not paid by the defaulting <br /> party. Any such advance shall be deemed a loan to the <br /> defaulting party by the party advancing the funds and shall <br /> accrue interest until paid at the maximum rate allowed under <br /> applicable law. <br /> ARTICLE 8 <br /> INDEMNIFICATION ÆF PROJECT MANAGER <br /> ~ ß CL- ^ /.t-; <br /> 8.01 The City., hereby agree to indemnify and <br /> hold harmless the SMCISD, and its successors and assigns, from <br /> and against any liability, loss¡ cost, damages, expenses <br /> and/or attorneys' fees that the SMCISD may sustain or incur as <br /> a result of any actions, errors, omissions, or inactions <br /> committed by the SMCISD, while acting as the.Project Manager <br /> or Owner, under the Construction Contract, and which are based <br /> upon any claims or causes of action of whatever kind or nature <br /> resulting from any personal injury or property damage, or <br /> based upon any claim by the Contractor, subcontractors, <br /> suppliers or any third party against the SMCISD in its <br /> 1 capacity as Project Manager or Owner for any compensation or <br /> other amounts resulting from work performed on the Project. <br /> Each party's liability to indemnify and hold the SMCISD <br /> harmless under this Agreement shall be limited to a <br /> proportionate share of the loss, cost, damages, expenses and <br /> attorneys' fees sustained or incurred by SMCISD, with each <br /> party's proportionate share to be equivalent to the party's <br /> -11- <br /> INTERLOCAL AGREEMENT FOR ROADWAY IMPROVEMENTS <br />