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6.4 Rights and Remedies are Cumulative. Except as otherwise expressly stated <br />in this Agreement, the rights and remedies of the Parties set forth in this Agreement are <br />cumulative and the exercise by either Party of one or more of such rights or remedies shall not <br />preclude the exercise by it, at the same or different times, of any other rights or remedies for <br />the same default or any other default by the other Party. <br />6.5 Indemnification. <br />6.5.1 Obligations. The City shall Indemnify the Developer Parties and the <br />Developer shall Indemnify the City Parties against any wrongful intentional act or negligence <br />of the Indemnitor. The Developer shall also Indemnify the City Parties against any and all of <br />the following: (a) any Application made at the Developer's request; (b) any Due Diligence <br />Investigations by the Developer; (c) use, occupancy, management or operation of the Project; <br />(d) any agreements that the Developer (or anyone claiming through the Developer) makes <br />regarding the Project; (e) the condition of the Project or any space under, adjoining or <br />appurtenant to the Property; and, (f) any accident, injury or damage whatsoever caused to any <br />Person in or on the Property or the Project. Notwithstanding anything to the contrary in this <br />Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the <br />Indemnitee's wrongful intentional acts or negligence. <br />6.5.2 Limitation on Liability of the City. Following the execution of the Lease, <br />the Developer is and shall be responsible for operation of the Property and the Project, and the <br />City shall not be liable for any injury or damage to any property (of the Developer or any other <br />Person) or to any Person occurring on or about the Property or the Project, except to the extent <br />caused by the City's wrongful intentional act or negligence. <br />6.5.3 Strict Liability. The indemnification obligations of an Indemnitor shall <br />apply regardless of whether liability without fault or strict liability is imposed or sought to be <br />imposed on one or more Indemnitees. <br />6.5.4 Independent of Insurance Obligations. The Developer's indemnification <br />obligations under this Agreement shall not be construed or interpreted as in any way restricting, <br />limiting, or modifying the Developer's insurance or other obligations under this Agreement and <br />is independent of the Developer's insurance and other obligations under this Agreement. The <br />Developer's compliance with its insurance obligations and other obligations under this <br />Agreement shall not in any way restrict, limit, or modify the Developer's indemnification <br />obligations under this Agreement and are independent of the Developer's indemnification and <br />other obligations under this Agreement. <br />6.5.5 Survival of Indemnification and Defense Obligations. The indemnity <br />and defense obligations under this Agreement shall survive the expiration or earlier termination <br />of this Agreement, until all claims against any of the Indemnitees involving any of the <br />indemnified matters are fully, finally, absolutely and completely barred by applicable statutes <br />of limitations. <br />6.5.6 Independent Duty to Defend. The duty to defend under this Agreement <br />is separate and independent of the duty to Indemnify. The duty to defend includes claims for <br />26 <br />75A-31 <br />