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including appellate proceedings, and shall pay all costs, judgments, and attorney's fees
<br />which may issue thereon. Provided, however, this indemnification shall only be to the
<br />extent and within the limitations of Section 768.28 Fla. State., subject to the provisions
<br />of that statute whereby the CITY shall not be held liable to pay a personal injury or
<br />property damage claim or judgment by any one person which exceeds the sum of
<br />$100,000, or any claim or judgment or portions thereof, which, when totaled with all
<br />other claims or judgment paid by the CITY arising out of the same incident or
<br />occurrence, exceed the sum of $200,000 from any and all personal injury or property
<br />damage claims, liabilities, losses or causes of action which may arise as a result of the
<br />negligence of the CITY.
<br />The UTILITY shall indemnify and hold harmless the CITY and its officers,
<br />employees, agents and instrumentalities from any and all liability, losses or damages,
<br />including attorneys' fees and costs of defense, which the CITY or its officers, employees,
<br />agents or instrumentalities may incur as a result of claims, demands, suits, causes of
<br />actions or proceedings of any kind or nature arising out of, relating to or resulting from
<br />the performance of this Agreement by the UTILITY or its employees, agents, servants,
<br />partners, principals, subconsultants or subcontractors. The UTILITY shall pay all claims
<br />and losses in connection therewith and shall investigate and defend all claims, suits or
<br />actions of any kind or nature in the name of the CITY, where applicable, including
<br />appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
<br />issue thereon. Provided, however, this indemnification shall only be to the extent and
<br />within the limitations of Section 768.28 Fla. State., subject to the provisions of that
<br />statute whereby the UTILITY shall not be held liable to pay a personal injury or property
<br />damage claim or judgment by any one person which exceeds the sum of $100,000, or any
<br />claim or judgment or portions thereof, which, when totaled with all other claims or
<br />judgment paid by the UTILITY arising out of the same incident or occurrence, exceed
<br />the sum of $200,000 from any and all personal injury or property damage claims,
<br />liabilities, losses or causes of action which may arise as a result of the negligence of the
<br />UTILITY.
<br />DKV:AAR:nk:kb:1W29198:3unnylska-Maintenance 1 I
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