Laserfiche WebLink
Owner agrees and undertakes to indemnify and hold the City, and its respective agents, <br />employees, successors, and assigns, hannless from any liability, loss, costs, damages or expenses, <br />including attorneys' fees, which the City may suffer or incur as a result of any claims or actions <br />which may be brought by any person or entity arising out of this Agreement If any action is brought <br />against the City or its respective agents, employees, successors, or assigns, in connection with this <br />Agreement, Owner agrees to defend such action or proceedings at its own expense and to pay any <br />judgment rendered therein. <br />8. Insurance <br />Owner, at Owner's sole expense, shall maintain during the term of this Agreement commercial <br />general liability insurance covering the Company and the Activity in an amount not less than Five <br />Million Dollars ($5,000,000.00) per occurrence. Owner agrees to include the City as an additional <br />insured on any such policy and produce to the City a certificate of insurance evidencing the same. <br />To the extent that the City is harmed as a result of the Owner's connection to the City's water and <br />sewer sanitary systems, Owner hereby grants the City first priority on any proceeds received from <br />the Owner's insurance. Notwithstanding anything in this Agreement to the contrary, the City does <br />not waive any governmental immunity or liability limitations available to them under Indiana law. <br />9. Assignment <br />This Agreement may not be assigned by the Owner without the express written consent of the <br />City which such consent may be withheld for any reason. Any violation of this limitation shall <br />terminate the City's obligation and forfeit the Owner's rights under this Agreement. <br />10. Governing Law <br />