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<br />8. Indemnification. To the fullest extent permitted by law, Permittees agree to indemnify,
<br />defend and save the City, its officers, agents, servants, employees, boards and
<br />commissions harmless from and against:
<br />
<br />a. Damage to Permittees' Property. Any and all claims, loss or damage (including
<br />reasonable attorney's fees) to the Permittees' Property or any property belonging to
<br />or rented by Permittees, its officers, servants, agents or employees, which may be
<br />stolen, destroyed, or in any way damaged, by any cause whatsoever in accordance
<br />with the activities contemplated under this Agreement.
<br />
<br />b. Damage to Others. Any claims, suits, judgments, costs, attorney's fees, loss,
<br />liability, damage or other relief, including but not limited to Workers'
<br />Compensation claims, to any person or property in any way resulting from or
<br />arising out of the existence of this Agreement and/or the existence, maintenance,
<br />use or location of the City Right-Of-Way. In the event of any action against the
<br />City, its officers, agents, servants, employees, boards or commissions covered by
<br />the foregoing duty to indemnify, defend and hold harmless, such action shall be
<br />defended by legal counsel of the City's choosing.
<br />
<br />The provisions of this paragraph shall survive any termination and/or expiration of this
<br />Agreement.
<br />
<br />9. Breach and Limitation on Damages. If any party violates or breaches any term of this
<br />Agreement, such violation or breach shall be deemed to constitute a default, and the
<br />other party shall have the right to seek such administrative, contractual or legal
<br />remedies as may be suitable for such violation or breach; provided, however, that in
<br />no event shall the City be liable to Permittees for monetary damages of any kind
<br />relating to or arising from any breach of this Agreement, and that no action of any kind
<br />shall be commenced by Permittees against the City for monetary damages. In the event
<br />any legal action is brought by the City for the enforcement of any of the obligations of
<br />Permittees related to or arising from this Agreement and the City is the prevailing party
<br />in such action, the City shall be entitled to recover from Permittees reasonable interest
<br />and attorney's fees.
<br />
<br />10. Notices. Any notice required or permitted under this Agreement shall be in writing and
<br />shall be sufficient if personally delivered or mailed by certified mail, return receipt
<br />requested, addressed as follows:
<br />
<br />To the City:
<br />
<br />Kara Boyles, City Engineer
<br />County-City Building, 227 W. Jefferson
<br />Blvd., 13th Floor,
<br />South Bend, IN 46601
<br />To the Permitees:
<br />
<br />Lykowski Construction, Inc.,
<br />23158 W. Ireland Road
<br />South Bend, Indiana 46614
<br />
<br />J. Marshall Davis, President
<br />Indiana Landmarks
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