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Assignees and other persons having an interest in the Property, includin Mortgagees having the
<br /> status of Recognized Assignees.
<br /> SECTION 6. HOLD HARMLESS AGREEMENT/INDEMNITY; INSURANCE.
<br /> 6.1. Hold Harmless A eement/Indemnity-
<br /> 6.1.1. Scope; Developer. Developer shall defend,indemnify and hold
<br /> harmless County, its elective and appointive boards, commissions, officers, employees, and
<br /> agents from all liabilities, claims, actions, liens,judgments, demands, damages, losses and
<br /> expenses of any kind arising from death,personal injury,property damage or other cause based
<br /> or asserted upon any act or omission connected with or arising from Developer's operations
<br /> under this Agreement and/or Developer's operations under the Development Documents. As
<br /> part of this indemnity,Developer shall protect and defend, at its own expense, County, its
<br /> elective and appointive boards, commissions,officers, employees, and agents from any
<br /> proceeding based upon such act or omission.
<br /> 6.1.2 Furthermore Developer agrees to defend, indemnify and hold harmless County,
<br /> its elective and appointive boards, commissions, officers, employees, agents and
<br /> independent contractors from every claim or demand made, and every liability, loss,
<br /> damage, expense, attorneys' fees and costs, of any nature whatsoever,which may be
<br /> incurred by reason of
<br /> 6.1.2.1 Liability for damages for(1) death or bodily injury to persons; (2)injury
<br /> to, loss or theft of property; (3) any failure or alleged failure to comply with
<br /> provisions of this Agreement; or(4) any other loss, damage or expense, sustained
<br /> by any person, firm or corporation or in connection with or arising out of
<br /> Developer's operations under this Agreement and/or Developer's operations
<br /> under the Development Documents except for liability resulting from the sole
<br /> negligence, or willful misconduct of County, its elective and appointive boards,
<br /> commissions, officers, employees, agents, or independent contractors who are
<br /> directly employed by County.
<br /> 6.1.2.2 Any loss, injury to or death of persons or damage to property caused by
<br /> any act,neglect, default or omission of Developer or any person, firm or
<br /> corporation employed by Developer, either directly or by independent contract,
<br /> including all damages due to loss or theft, sustained by any person, firm or
<br /> corporation, including County, arising out of or in any way connected with
<br /> Developer's operations under this Agreement and/or Developer's operations
<br /> under the Development Documents,whether said injury or damage occurs either
<br /> on or off County property,but not for any loss, injury, death or damages caused
<br /> by the sole negligence of the County.
<br /> 6.1.2.3. Any dispute between Developer and Developer's Contractors, agents and
<br /> employees.
<br /> W02-SF:FPD161481145.2 -48-
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