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Joint Powers Agreement City of Horace – Cass County
<br />County Highway 17 – 76th Ave South Reconstruction Project Page 4
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<br />8. City Indemnity. The City will release, defend, indemnify, protect, and hold harmless the County and the County’s officers, agents, representatives, employees, consultants, and contractors from and against any and all claims, actions, administrative proceedings, judgments, damages, penalties, fines, costs, liabilities, interests, or losses, including costs,
<br />expenses, and attorneys’ fees, arising out of or as a result of the use, operation, construction,
<br />reconstruction, repair, maintenance, modification, replacement, and improvement of the Project or the License Property by the City or the City’s officers, agents, representatives, employees, consultants, or contractors, or any of the City’s other invitees; any entry upon, use of, or access, ingress, and egress upon, over, or across the License Property by the City
<br />or the City’s officers, agents, representatives, employees, consultants, and contractors, or
<br />any of the City’s other invitees; or any act, error, or omission of the City or the City’s officers, agents, representatives, employees, consultants, contractors, or any of the City’s other invitees, including any failure to perform under this Agreement.
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<br />9. County Indemnity. The County will release, defend, indemnify, protect, and hold
<br />harmless the City and the City’s officers, agents, representatives, employees, consultants, and contractors from and against any and all claims, actions, administrative proceedings, judgments, damages, penalties, fines, costs, liabilities, interests, or losses, including costs, expenses, and attorneys’ fees, arising out of or as a result of the use, operation, construction,
<br />reconstruction, repair, maintenance, modification, replacement, and improvement of the
<br />Project by the County or the County’s officers, agents, representatives, employees, consultants, or contractors, or any of the County’s other invitees; or any act, error, or omission of the County or the County’s officers, agents, representatives, employees, consultants, contractors, or any of the County’s other invitees, including any failure to
<br />perform under this Agreement.
<br /> 10. Contractor Indemnity. All of the City’s and the County’s contracts with any contractors performing any design, construction, cleaning, inspection, reconstruction, modification, operation, maintenance, repair, or improvement of the Project will require each contractor
<br />to release, defend, indemnify, and hold harmless the City, the County, and those parties’ officers, employees, agents, consultants, subcontractors, and representatives, from and against any and all claims, losses, liabilities, damages, expenses, demands, suits, fines, judgments, costs, expenses, and fees (including all fees and charges of attorneys, engineers, and other professionals and all court, arbitration, mediation, or other resolution costs)
<br />arising out of or relating to any act or omission of any contractor regarding any design, construction, cleaning, inspection, reconstruction, modification, operation, maintenance, repair, or improvement of the Project, including all costs, expenses, and fees incurred by the City, and the County in establishing and litigating the existence, scope, or any other matters relating to each contractor’s obligations to release, defend, indemnify, and hold
<br />harmless. Those contractors’ obligations to defend will be free of any conflicts of interest, even if retention of separate legal counsel is necessary.
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