Laserfiche WebLink
the negligent performance of or failure to perform such work or services of Contractor <br />hereunder; and Contractor agrees to save and hold the City, its officers, agents and <br />employees harmless therefrom; <br />C. In the event the City, its officers, agents or employees is made a party to any action <br />or proceeding filed or prosecuted against Contractor for such damages or other claims <br />arising out of or in connection with the negligent performance of or failure to perform <br />the work or services of Contractor hereunder, Contractor agrees to pay to the City, its <br />officers, agents or employees, any and all costs and expenses incurred by the City, its <br />officers, agents or employees in such action or proceeding, including but not limited to, <br />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 />monitor, study, test, treat, remove, remediate, or otherwise cleanup, any <br />Hazardous Contaminant (as defined herein); or <br />August 17, 2021 140 City of Santa Ana <br />