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B. Contractor will promptly pay any judgment rendered against the City, its
<br />officers, agents or employees for any such claims or liabilities arising out of or in
<br />connection with the negligent performance of or failure to perform such work or
<br />services of Contractor hereunder; and Contractor agrees to save and hold the City, its
<br />officers, agents and employees harmless therefrom;
<br />C. In the event the City, its officers, agents or employees is made a party to any
<br />action or proceeding filed or prosecuted against Contractor for such damages or other
<br />claims arising out of or in connection with the negligent performance of or failure to
<br />perform the work or services of Contractor hereunder, Contractor agrees to pay to the
<br />City, its officers, agents or employees, any and all costs and expenses incurred by the
<br />City, its officers, agents or employees in such action or proceeding, including but not
<br />limited to, legal costs and attorneys' fees.
<br />Contractor's obligations hereunder shall survive the termination or expiration of this
<br />Agreement.
<br />THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE,
<br />SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL
<br />SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
<br />AGREEMENT.
<br />9.2 Hazardous Material Indemnification
<br />A. Without regard to any insurance coverage or requirements, and without
<br />limiting the above general indemnification obligation in any way, Contractor
<br />specifically agrees to and shall, to the maximum extent permitted by law, defend (with
<br />counsel acceptable to City), reimburse, indemnify, and hold Indemnitees harmless from
<br />and against any and all claims, actions, liabilities, damages, demands, judgments,
<br />losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and
<br />any and all other losses, damages, fees and expenses of whatever kind or nature
<br />("Claims") (including but not limited to response costs, investigative costs, assessment
<br />costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs,
<br />and similar costs, damages and expenses) that arise out of or are alleged to arise out of
<br />or in any way relate to any action, inaction or omission of Contractor that:
<br />1. results in any demand, claim, notice, order, or lawsuit, asserting that any
<br />Indemnitee is liable, responsible or in any way obligated to investigate, assess,
<br />March 9, 2020 110 City of Santa Ana - DRAFT
<br />60A-199
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