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• limited to the particular breach so waived and shall not be deemed to waive any other concurrent, <br /> previous or subsequent breach hereunder. <br /> Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of <br /> Default occurs and the City shall employ attorneys or incur other expenses for the collection of <br /> payments due or to become due or for the enforcement or performance or observance of any <br /> obligation or agreement on the part of the Developer herein contained, the Developer agrees that <br /> they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such <br /> other expenses so incurred by the City. <br /> Section 4.6 Release and Indemnification Covenants. <br /> (1) The Developer releases from and covenants and agrees that the City and its <br /> governing body members, officers, agents, servants and employees shall not be liable for and <br /> agrees to indemnify and hold harmless the City and its governing body members, officers, <br /> agents, servants, and employees against any loss or damage to property or any injury to or death <br /> of any person occurring at or about or resulting from any defect in the Project. <br /> (2) Except for any willful misrepresentation or any willful or wanton misconduct of <br /> the following named parties, the Developer agrees to protect and defend the City and its <br /> governing body members, officers, agents, servants and employees, now or forever, and further <br /> agrees to hold the aforesaid harmless from any claim, demand, such, action or other proceeding <br /> • whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of <br /> the obligations of the Developer under this Agreement, or the transactions contemplated hereby <br /> or the acquisition, construction, installation, ownership, maintenance and operation of the <br /> Project. <br /> (3) The City and its governing body members, officers, agents, servants and <br /> employees shall not be liable for any damages or injury to the persons or property of the <br /> Developer or its officers, agents, servants or employees or any other person who may be about <br /> the Project due to any act of negligence of any person. <br /> (4) All covenants, stipulations, promises, agreements and obligations of the City <br /> contained herein shall be deemed to be the covenants, stipulations, promises, agreements and <br /> obligations of the City and not of any governing body member, officer, agent, servant or <br /> employee of the City in the individual capacity thereof. <br /> • <br /> 1797244v1 9 <br />