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.. Iwo <br /> contractors, agents, or employees, whether such operations <br /> were performed by DEVELOPER or by any of its contractors, <br /> subcontractors, by any one or more persons directly or indirectly <br /> employed by, or acting as agent for DEVELOPER or any of its <br /> contractors or subcontractors. DEVELOPER shall defend COUNTY and <br /> its elected and appointed representatives, officers, agents and <br /> employees from actions for such personal injury, death, or pro- <br /> perty damage which is caused, or alleged to have been caused, by <br /> reason of DEVELOPER' S activities in connection with the Project <br /> Site. <br /> This hold harmless agreement applies to all damages and <br /> claims for damages suffered or alleged to have been suffered by <br /> reason of the operations referred to in this paragraph, <br /> regardless of whether or not COUNTY prepared, supplied or <br /> approved plans or specifications, or both, for the project. <br /> DEVELOPER further agrees to and shall save and hold COUNTY <br /> harmless from any and all claims, costs and liability arising as <br /> a result of a successful legal action brought against COUNTY <br /> which challenges the validity of this Agreement, or any of the <br /> terms and conditions herein. <br /> Nothing in this section shall be construed to mean that <br /> DEVELOPER shall hold COUNTY harmless and defend it from any <br /> claims of personal injury, death or property damage arising from, <br /> or alleged to arise from, the negligent act or negligent failure <br /> to act, willful or gross negligence, or any deliberately harmful <br /> act or failure to act, on the part of the COUNTY, its elected and <br /> appointed representatives, officers, agents and employees . <br /> r.. <br /> 18 - <br />