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<br />DEC. 3.1998- 8: 39AM- PLANNING & SCHED
<br />
<br />NO.310
<br />
<br />P.9
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<br />defense which the County or its officers, employees, agents or instrumentalities may incur
<br />as a result of claims. demands. suits. causes of actions or proceedings of any kind or nature
<br />arising out of, or relating to or resulting from the negligence of the City and/or its officers,
<br />employees, agents or instrumentalities. during the term of this Agreement. The City shall
<br />pay all claims and losses in connections therewith, and shall investigate and defend all
<br /><(laiIm. suits or actions of any kind or nature in the name of the County, where applicable.
<br />including appellate proceedings, and shall pay all costs. judgments and attorneys' fees which
<br />may issue thereon. The City expressly understands and agrees that any insurance protection
<br />required by this Agreement or otherwise provided by the City shall in no way limit the
<br />responsibility to indemnify, keep and save harmless and defend the County or its officers,
<br />employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed
<br />to indemnify the County from any liability or claim arising out of the negligent performance
<br />or failure of performance of the County, its officers, employees, agents or instrumentalities
<br />or any other related third party. This paragraph is subject to the limitations of Section
<br />768.28, F.S.
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<br />6.2 The County shall. to the extent permitted by law at all times hereafter, indemnify and hold
<br />harmless the City, and its officers, agents. employees and instrumentalities from any and all
<br />liability, claims, losses, and causes of action, including attorneys' fees and costs of defense
<br />which the City or its officers. employees, agents or instrumentalities may incur as a result of
<br />claims. demands. suits, causes, of actions or proceedings of any kind or nature arising out of,
<br />or relating to or resulting from the negligence of the County and/or its officers, employees,
<br />agents or instrumentalities, during the term of this agreement. The County shall pay all
<br />claims and losses in connections therewith, and shall investigate and defend all claims, suits
<br />or actions of any kind or nature in the name of the City, where applicable, including appellate
<br />proceedings. and shall pay all costs. judgments and attorneys' fees which may issue thereon.
<br />The County expressly understands and agrees that any insurance protection required by this
<br />Agreement or otherwise provided by the County shall in no way limit the responsibility to
<br />indemnify, keep and save harmless and defend the City or its officers, employees, agents or
<br />instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the City
<br />from any liability or claim arising out of the negligent performance or failure of performance
<br />: of the City, its officers, employees, agents or instrumentalities or any other related third
<br />. party. This paragraph is subject to the limitations of Section 768.28, F.S.
<br />
<br />6.3 In the event the City contracts for transportation services authorized by this Agreement, the
<br />contractor shall, in its contract with the City, be required to indemnify and hold harmless the
<br />County. and its officers, agents, employees and instrumentalities from any and all liability,
<br />claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense
<br />which the County or its officers, employees, agents and instrumentalities may incur as a
<br />result of claims, demands, suits. causes of actions or proceedings of any kind or nature
<br />arising out of, or relating to or resulting from the provision of transportation services by the
<br />contractor and/or its officers, employees, agents or independent contractors. The contractor
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