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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, 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, leasing, maintenance and operation of <br />the 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 />4613440 3SB EL185-32 <br />