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Contractor to any representation not expressly <br />contained in a written agreement signed by an <br />duly authorized representative of the Contractor. <br />This Agreement embodies the entire understanding <br />of the parties and supersedes all prior or <br />contemporaneous proposals, purchase orders, <br />understandings, representations, conditions, <br />warranties, covenants and other <br />telecommunications between the parties, whether <br />oral or written, relating to the subject of the <br />Agreement unless expressly set forth or referred <br />to in the Agreement. The parties agree that this <br />Agreement may not in any way be contradicted by a <br />prior or existing course of dealing between them <br />or by any usage of trade or custom. <br />7.13.8 Indemnification and Hold Harmless. To the full <br />extent permitted by law, Contractor shall <br />indemnify, hold harmless, release and defend <br />City, its officers, employees and agents from and <br />against any and all actions, claims, demands, <br />damages, disability, losses, expenses including <br />attorney's fees and other defense costs and <br />liabilities of any nature that may be asserted by <br />any person or entity including Contractor, in <br />whole or in part, arising out of Contractor's <br />activities hereunder, including the activities of <br />other persons employed or utilized by Contractor <br />in the performance of this Agreement (including <br />design defects and regardless of City's approval, <br />use or acceptance of the work or work product <br />hereunder) excepting liabilities due to the <br />admitted or adjudicated sole negligence or <br />willful misconduct of City. This <br />indemnification, defense, etc., shall include any <br />claim for patent or copyright infringement. If <br />the adjudicated or admitted sole negligence or <br />willful misconduct of City has contributed to a <br />loss, Contractor shall not be obligated to <br />indemnify City for the proportionate share of <br />such loss caused by such sole negligence or <br />willful misconduct. This indemnification <br />obligation is not limited in any way by any <br />limitation on the amount or type of damages or <br />compensation payable by or for Contractor under <br />Worker's Compensation, disability or other <br />employee benefit acts or the terms, applicability <br />or limitations of any insurance held or provided <br />Primary Agreement Page 32 <br />