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1.19 WAIVER OF CITY BUILDING FEES The City hereby agrees to waive City building fees to the successful proposer. However, this waiver does not apply to any building fees that may apply from any other governmental agencies, including those of federal, state or county governments. 1.20 HOLD HARMLESS AND INDEMNIFICATION All proposers shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to their decisions to reject, award, or not award a RFP, as applicable. Additionally, the selected proposer shall indemnify and save harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the construction of this Project, or by or in consequence of any negligence (excluding the sole negligence of City), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said selected proposer or his Sub-Contractor, agents, servants or employees. The selected proposer will indemnify, defend and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work described in the RFP, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the selected proposer, Sub-Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Project, then in lieu of the above provisions of this section the parties agree that selected proposer shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, the selected proposer, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate selected proposer to defend at its own expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities described in this RFP whether the construction operations be performed by selected proposer, its Sub-Contractors, or by anyone directly or indirectly employed by either. 1.21 PAYMENT BOND The City shall require the successful Proposer to furnish a Payment Bond in the amount of Five Hundred Thousand ($500,000.00), which shall be provided to the City as the Obligee, as 14