Developer’s Indemnity. As of the Date of Agreement, Developer shall defend, indemnify and hold the Indemnitees harmless from all claims, demands, damages, defense costs or liability for any damages to property or injuries to persons, including accidental death (including reasonable attorneys’ fees and costs), to the extent caused by any negligent acts or omissions with respect to the development, ownership and/or operation of the City Property by Developer, whether such activities or performance thereof be by Developer or by anyone directly or indirectly employed or contracted with by Developer and whether such damage shall accrue or be discovered before or after termination or expiration of this Agreement and/or Closing. This indemnity shall survive the termination, expiration, invalidation or performance in full or in part of this Agreement, and, without limiting the foregoing, shall survive the Closing. City and Developer acknowledge and agree that the indemnity obligations set forth in this Section 307.1 shall not apply to any Environmental Liabilities and that such Environmental Liabilities shall be governed solely by Section 208.2 hereof.
Appears in 2 contracts
Sources: Disposition and Development Agreement, Disposition and Development Agreement
Developer’s Indemnity. As of the Date of Agreement, The Developer shall defend, indemnify indemnify, assume all responsibility for, and hold the Indemnitees Indemnitees, harmless from all claims, demands, damages, defense costs or liability for any damages to property or injuries to persons, including accidental death (including reasonable attorneys’ fees and costs), to the extent which may be caused by any negligent acts or omissions of the Developer under this Agreement and/or with respect to the development, ownership and/or operation of the City Property Project by the Developer, whether such activities or performance thereof be by the Developer or by anyone directly or indirectly employed or contracted with by the Developer and whether such damage shall accrue or be discovered before or after termination or expiration of this Agreement and/or ClosingAgreement. This indemnity shall survive the termination, expiration, invalidation or performance in full or in part of this Agreement, and, without limiting the foregoing, shall survive the Each Closing. The City and Developer acknowledge and agree that the indemnity obligations set forth in this Section 307.1 shall not apply to any Environmental Liabilities and that such Environmental Liabilities shall be governed solely by Section 208.2 hereof.
Appears in 2 contracts
Sources: Disposition and Development Agreement, Disposition and Development Agreement