4.6. SR 07-16-2016 - Laserfiche WebLink

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limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. :: Section 4.6 Release and Indemnification Covenants. c -"'>=Wf> q I) The Developer releases from and covenant~nd agf€1€1~:::Jhat the City and its governing body members, officers, agents, servants ~lJlj>f6o/ees sh~ll~~t be liable for and agrees to indemnify and hold harmless the City aav~its governing bodY::!!ETIbers, officers, agents, servants, and employees against any loss QE~age to~roperty or any.~~~o or death of any person occurring at or about or resulting fr5ffi:;g~hdefect:!!!he Project. w=,-. ="",,'., 2) Except for any willful misrepresentation'();"it~y willful or wanton misconduct of the following named parties, the Dev~~~g~r agrees to pri~~~!and defend the City and its governing body members, officers, agent~~;~~~wts and empla~~?w or forever, and further agrees to hold the aforesaid harmless fr~!ll~~~~!m, demari~;iciion or other proceeding whatsoever by any person or entity whatso€i~er arr,S!ill:~~.l??TPortally arising from a breach of the obligations of the Devel~g~~under this A:~ee~llt,~oF:tii::~ansactions contemplated hereby or the acquisition, con.s~lia..........!J.:......'...'........,.,... installation,~~t...o.....Mrnership,..jfaintenance and operation of the Project.. m. ............ ... .:~ . 3) The .. City.;~~ its~g~erning bod~embers, officers, agents, servants and employees sh~lLnotbe lia~~~~oraii~:::!~~~~iP15r injury to the persons or property of the Develope~?~::lits:i~~s, agen~~~~~rvanis:6~;~ployees or any other person who may be about the Proj~t.aue to ari~!:~fnegligEl~~ of any person. All covenaIi!~~:stipuhiJiIDs, promises, agreements and obligations of the City containedh~~~i~ shall be da~'iFed taFhe the covenants, stipulations, promises, agreements and obligations 5~.~~~.. City and~bt of any governing body member, officer, agent, servant or employee of the:('ilil.i....t~jn the i:tifividual capacity thereof. C',;",.....,'.'.'..,'.".'.'_ ,Xi=x,- 2045533v2 9