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ARTICLE VHL LIABILITY AND INDEMNIFICATION <br />A. District shall defend, indemnify and save and hold harmless City, its officers, officials, <br />employees, and agents from and against any and all liability, loss, damage, expense, costs <br />(including without limitation costs and fees of litigation of any nature) arising out of or in <br />connection with District's performance of this Agreement or District's failure to comply with <br />any of District's obligations contained in the Agreement caused by District, its officers, agents or <br />employees except such loss or damage which was caused by the sole negligence or willful <br />misconduct of City. In the event City is named as codefendant, District shall notify City of such <br />fact and shall represent City in such legal action unless City undertakes to represent itself as <br />codefendant in such legal action, in which case City shall bear its own litigation costs, expenses <br />and attorney's fees. <br />B. City shall defend, indemnify and save and hold harmless District, its officers, officials, <br />employees, and agents from and against any and all liability, loss, damage, expense, costs <br />(including without limitation costs and fees of litigation of any nature) arising out of or in <br />connection with City's performance of this Agreement or City's failure to comply with any of <br />City's obligations contained in the Agreement caused by City, its officers, agents or employees <br />except such loss or damage which was caused by the sole negligence or willful misconduct of <br />District. In the event District is named as codefendant, City shall notify District of such fact and <br />shall represent District in such legal action unless District undertakes to represent itself as <br />codefendant in such legal action, in which event District shall bear its own litigation costs, <br />expenses and attorney's fees. <br />ARTICLE IX. INSURANCE <br />Both the City and the District shall maintain, for the period covered by this Agreement, at their <br />own respective costs, their own respective policy or policies of general liability insurance and <br />property insurance. Each Party waives subrogation of its insurance coverage for the other <br />entity. Self-insurance authorized by state law and/or maintained by the City or the District in the <br />regular course of business for its other activities shall satisfy this requirement. <br />{Signature Page Followsl <br />Page 5 of 6 <br />