Common use of Indemnification by Developer Clause in Contracts

Indemnification by Developer. The Developer shall indemnify and hold the City, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any negligent or intentional act or omission of the Developer, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (the Developer’s employees included) or any other element of damage of any kind or nature, to the extent relating to or connected with the Property or to the extent arising from the activities contemplated under this Development Agreement, save and except claims for damages arising through the gross negligence or willful misconduct of the City. The Developer shall defend, at its expense, including attorneys’ fees, the City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The City may in its discretion participate in the defense of any such legal action.

Indemnification by Developer. The Developer shall indemnify and hold the City, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any negligent or intentional act or omission of the Developer, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (the Developer’s employees included) or any other element of damage of any kind or nature, to the extent relating to or connected with the Property or to the extent arising from the activities contemplated under this Development Agreement, save and except claims for damages arising through the gross negligence or willful misconduct of the City. The Developer shall defend, at its expense, including attorneys’ fees, the City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The City may in its discretion participate in the defense of any such legal action.