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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C -9 -0258 <br />ARTICLE 10. INDEMNIFICATIONS <br />A. COUNTY hereby agrees to indemnify, defend, and to hold harmless AUTHORITY and its <br />elected and appointed officials, and employees (collectively, the "AUTHORITY INDEMNITEES "), and <br />each of them, and its and their property from all loss, injury, liability, damages, claims, costs and <br />expenses, whether incurred by or made against AUTHORITY or AUTHORITY INDEMNITEES, arising <br />out of the use by the general public of the restrooms within SATT. However, nothing contained in this <br />subparagraph shall operate to relieve AUTHORITY from any loss, injury, liability, damages, claims, <br />costs or expenses to the extent determined by a court of competent jurisdiction to have been <br />proximately caused by the willful misconduct or negligent acts or omissions of AUTHORITY or <br />AUTHORITY INDEMNITEES or any of them.. <br />B. CITY hereby agrees to indemnify, defend and to hold harmless AUTHORITY and <br />AUTHORITY INDEMNITEES and each of them, and its and their property from all loss, injury, liability, <br />damages, claims, costs and expenses, whether incurred by or made against AUTHORITY or <br />AUTHORITY INDEMNITEES, arising out of the use by the general public of the restrooms within <br />SATT. However, nothing contained in this subparagraph shall operate to relieve AUTHORITY from any <br />loss, injury, liability, damages, claims, costs or expenses to the extent determined by a court of <br />competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or <br />omissions of AUTHORITY or AUTHORITY INDEMNITEES or any of them. <br />C. The Indemnity and defense obligations of the COUNTY and CITY pursuant to the above <br />subparagraphs shall each be limited to 1/2 each respectively, of the total defense costs and loss, injury, <br />liability, damages, claims, costs and expenses incurred by AUTHORITY that fall within the terms of this <br />Indemnity clause. <br />ARTICLE 11. INSURANCE REQUIREMENTS <br />COUNTY and CITY agrees to obtain and maintain in good standing with adequate limits of <br />liability insurance or self - insurance covering liability for property losses and /or personal injuries, <br />including maintenance related losses and injuries related to the use of SATT restrooms. COUNTY and <br />Page 7 of 12 <br />