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<br />partners, principals or subcontractors. The CITY shall pay all
<br />claims and losses in connection therewith and shall investigate
<br />and defend all claims, suits or actions of any kind or nature in
<br />the name of the COUNTY, where applicable, including appellate
<br />proceedings, and shall pay all costs, judgments, and attorney's
<br />fees which may issue thereon. Provided, however, this
<br />indemnification shall only be to the extent and within the
<br />limitations of Section 768.28 Fla. Stat., subject to the
<br />provisions of that statute whereby the CITY shall not be held
<br />liable to pay a personal injury or property damage claim or
<br />judgment by anyone person which exceeds the sum of $100,000, or
<br />any claim or judgment or portions thereof, which, when totaled
<br />with all other claims or judgment paid by the CITY arising out of
<br />the same incident or occurrence, exceed the sum of $200,000 from
<br />any and all personal injury or property damage claims,
<br />liabilities, losses or causes of action which may arise as a
<br />result of the negligence of the CITY.
<br />
<br />The COUNTY shall indemnify and hold harmless the CITY and its
<br />officers, employees, agents and instrumentalities from any and all
<br />liability, losses or damages, including attorneys' fees and costs
<br />of defense, which the CITY or its officers, employees, agents or
<br />instrumentalities may incur as a result of claims, demands, suits,
<br />causes of actions or proceedings of any kind or nature arising out
<br />of, relating to or resulting from the performance of this
<br />Agreement by the COUNTY or its employees, agents, servants,
<br />partners, principals or subcontractors. The COUNTY shall pay all
<br />claims and losses in connection therewith and shall investigate
<br />and defend all claims, suits or actions of any kind or nature in
<br />the name of the CITY, where applicable, including appellate
<br />proceedings, and shall pay all costs, judgments, and attorney's
<br />fees which may issue thereon. Provided, however, this
<br />indemnification shall only be to the extent and within the
<br />limitations of Section 768.28 Fla. Stat., subject to the
<br />provisions of that statute whereby the COUNTY shall not be held
<br />liable to pay a personal injury or property damage claim or
<br />judgment by anyone person which exceeds the sum of $100,000, or
<br />any claim or judgment or portions thereof, which, when totaled
<br />with all other claims or judgment paid by the COUNTY arising out
<br />of the same incident or occurrence, exceed the sum of $200,000
<br />from any and all personal injury or property damage claims,
<br />liabili ties, losses or causes of action which may arise as a
<br />result of the negligence of the COUNTY.
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<br />4
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