Laserfiche WebLink
and wearing apparel as are necessary or lawfully required to prevent <br />accidents or injuries; and (iii) adequate facilities for the proper inspection <br />and maintenance of all safety measures. <br />9. Release of Liabilitv <br />A. The Sponsor and Workshop agree to hereby fully <br />release and forever discharge the City from any and all claims, demands, <br />damages, losses, and liabilities (hereafter collectively referred to as <br />"Claims"), which are or may be related to or in any way connected with the <br />negligence or wilful misconduct of its officers, officials, employees or <br />agents in connection with the creation, painting or installation of the Mural <br />and the completion of the Project. <br />B. The City agrees to hereby fully release and forever <br />discharge the Sponsor and its employees and agents from any and all <br />claims, demands, damages, losses, and liabilities (hereafter collectively <br />referred to as "Claims"), which are or may be related to or in any way <br />connected with the negligence or wilful misconduct of the City or its <br />officers, officials, employees or agents or the condition of City's building in <br />connection with the creation, painting or installation of the Mural and the <br />completion of the Project. <br />10. Mutual Indemnification <br />A. The Sponsor and Workshop shall defend (with legal <br />counsel reasonably acceptable to the City), indemnify and hold harmless <br />the City and its officers, officials, employees and agents against any and <br />all liability, amounts paid in settlement costs, penalties, fines, judgments <br />and other costs and expenses, including attorneys' fees, arising out of the <br />active negligence and/or intentional or willful misconduct of the Sponsor <br />and Workshop, their officers, officials, employees, or agents in connection <br />with the Mural. <br />B. The City shall defend (with legal counsel reasonably <br />acceptable to the Sponsor and Workshop), indemnify and hold harmless <br />the Sponsor and Workshop, its officers, officials, employees and agents <br />against any and all liability, amounts paid in settlement, costs, penalties, <br />fines, judgments and other costs and expenses, including attorneys' flees, <br />arising out of the active negligence and/or intentional or willful misconduct <br />of City, its officers, officials, employees or agents in connection with the <br />Mural. <br />11. Conflict of Interest <br />Each party covenants that it presently has no interests and shall <br />not have interests, direct or indirect, which would conflict in any manner with <br />performance of services specified under this Agreement. <br />