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(b) Except for any willful misconduct of the following named parties and any claim <br /> as to the legal authority of the City to perform as required by this Agreement, Developer agrees <br /> (if timely tendered by the City to Developer) to protect and defend the City and the governing <br /> body members, officers, agents, servants and employees thereof, now or forever, and further <br /> agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding <br /> whatsoever by any person or entity whatsoever to the extent caused by the construction, <br /> installation, and operation of the Developer's Minimum Improvements. <br /> (c) The City and the governing body members, officers, agents, servants and <br /> employees thereof shall not be liable for any damage or injury to the persons or property of <br /> Developer or its officers, agents, servants or employees or any other person who may be about <br /> the Developer's Minimum Improvements Property or the Developer's Minimum Improvements. <br /> (d) 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 /> (e) Nothing in this Agreement will be construed to limit or affect any limitations on <br /> liability of the City under State or federal law, including without limitation Minnesota Statutes <br /> Sections 466.04 and 604.02. <br /> 26 <br /> 512017v5 JSB BL185-52 <br />