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Indemnified Parties against any loss or damage to property or any injury to or death of any <br />person occurring at or about or resulting from any defect in the Minimum Improvements. <br />(2) Except for any willful misrepresentation or any willful or wanton misconduct of <br />the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now <br />and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, <br />action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly <br />arising from the actions or inactions of the Developer (or if other persons acting on its behalf or <br />under its direction or control) under this Agreement, or the transactions contemplated hereby or <br />the Developer's acquisition, construction, installation, and ownership of the Minimum <br />Improvements. <br />(3) 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, as the case may be. <br />21 <br />LL185\61\675612.v1 <br />