Developer Indemnity. Developer will indemnify, defend and hold harmless City for, from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”) suffered or incurred by City resulting from or arising out of the use of or activities on the Easement Area by Developer, except to the extent caused by the negligence or willful misconduct of City, as established by a court of competent jurisdiction.
Appears in 1 contract
Sources: Parking Easement and Agreement
Developer Indemnity. The Developer will shall indemnify, defend and hold the City harmless City forfrom any loss, from and against damages, costs, expense (including reasonable counsel fees) or liability of any nature due to any and all claimssuits, demandsactions, causes of actionlegal or administrative proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”) suffered demands or incurred by City claims arising or resulting from injuries to persons or arising out of the use of or activities on the Easement Area by Developer, except property to the extent proximately caused by the Developer’s sole negligence or willful misconduct in the construction, Developer ownership or operation, use or maintenance of City, as established by a court of competent jurisdictionthe Development.
Appears in 1 contract
Developer Indemnity. Developer will indemnify, defend shall indemnify and hold harmless City for, Town against and from and against any and all claims, demands, causes of actionactions, losses, damages, liabilitiesorders, judgments and any and all costs and expenses, including, expenses (including without limitation, limitation reasonable attorneys’ fees and costs (collectivelyof litigation), “Claims”) suffered resulting from or incurred by City resulting from or arising out Town on account of Developer’s use of the use of or activities on the Easement Area by DeveloperLot, except in all cases to the extent such claims are caused by the negligence negligent act or omission or willful misconduct of City, as established by a court of competent jurisdictionTown.
Appears in 1 contract
Sources: Development Agreement