Common use of Release and Indemnification Covenants Clause in Contracts

Release and Indemnification Covenants. a. Developer releases the City and the governing body members, officers, agents, servants, and employees thereof (hereinafter, for purposes of this Article X, the “Indemnified Parties”) from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development Property. b. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement); (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements; or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The Indemnified Parties shall not be liable for any damage or injury to the persons or property of Developer or their officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. e. The provisions of this Article X shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (1) Developer releases the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection, the “Indemnified Parties”) from, from and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyImprovements. b. (2) Except for any gross negligence, willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: from (i1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City based on an alleged breach of any representation, warranty or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (ii2) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; Improvements or (iii3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Development Property, caused and occurring after Developer takes possession of the Property. c. (3) The Indemnified Parties shall not be liable to Developer for any damage or injury to the persons or property of Developer or their its officers, agents, servants or employees or any other person who may be on, in or about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (4) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the their individual capacity thereof. e. (5) The provisions of this Article X Section shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. The Developer releases the City and the governing body members, officers, agents, servants, and employees thereof (hereinafter, for purposes of this Article X, the “Indemnified Parties”) Parties from, covenants covenants, and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about about, or resulting from any defect in in, the Development Property, or the Minimum Improvements or Development PropertyImprovements. b. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action action, or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement); , (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements; , or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or their its officers, agents, servants servants, or employees or any other person who may be about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants servants, or employees. d. All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. e. The provisions of this Article X shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. Developer releases and Tenant release the City and the governing body members, officers, agents, servants, and employees thereof (hereinafter, for purposes of this Article XIX, the “Indemnified Parties”) from, covenants covenant and agrees agree that the Indemnified Parties shall not be liable for, and agrees agree to indemnify, defend, and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development Property. b. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees and Tenant agree to protect and defend the Indemnified Parties, now or forever, and further agrees agree to hold the Indemnified Parties harmless, from any claim, demand, suit, action action, or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand demand, or other proceeding brought by Developer or Tenant against the City to enforce its their rights under this Agreement); (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements; or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The Indemnified Parties shall not be liable for any damage or injury to the persons or property of Developer or Tenant or their officers, agents, servants servants, or employees or any other person who may be about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants servants, or employees. d. All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City, and not of any governing body member, officer, agent, servant servant, or employee of the City in the individual capacity thereof. e. The provisions of this Article X IX shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. Developer releases (a) Except for any misrepresentation or any willful or wanton misconduct or negligence of the City and Authority or the governing body members, officers, agents, servants, consultants and employees thereof (hereinafter, for purposes of this Article X, the “Indemnified Parties”) from), covenants and agrees that except for any breach by the Indemnified Parties of their representative’s obligations under this Agreement, the Indemnified Parties shall not be liable for, for and agrees to indemnify, defend, the Developer shall indemnify and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person (collectively, the “Claim”) occurring at or about or resulting from any defect in the portion of the Development Property or the Minimum Improvements or Development Propertyowned by Developer at the time the Claim occurred. b. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties of their representative’s obligations under this Agreement, the Developer agrees to protect and defend the Indemnified Parties, now or and forever, and further agrees to hold the Indemnified Parties harmless, aforesaid harmless from any claim, demand, suit, action or other proceedings proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suitfrom the acquisition, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement); (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, maintenance and operation of the Development Property or the Minimum ImprovementsImprovements (collectively, the “Claim”); or (iii) any hazardous substance or environmental contamination located in or on provided, however, notwithstanding the foregoing, the Developer’s indemnification and hold harmless shall apply only with regard to the portion of the Development PropertyProperty or Minimum Improvements owned by the Developer at the time the Claim occurred. c. The (c) Except for any misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties of their representations and obligations under this Agreement, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or their its officers, agents, servants or employees or any other person who may be about the Development Property or Minimum Improvements or Development Property due to any act (collectively, the “Claims”) owned by the Developer at the time of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employeesClaim. d. (d) All covenants, stipulations, promises, agreements, agreements and obligations of the City Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, such entities and not of any governing body member, officer, agent, servant or employee of the City such entities in the individual capacity thereof. e. The provisions of this Article X shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. Developer releases the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article X, the “Indemnified Partiesindemnified parties”) from, covenants and agrees that the Indemnified Parties indemnified parties shall not be liable for, and agrees to indemnify, defend, and hold harmless the Indemnified Parties indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development Property. b. Except for to the extent arising from any willful misrepresentation misrepresentation, gross negligence, or any willful or wanton misconduct or any unlawful act of the Indemnified Partiesindemnified parties, Developer Xxxxxxxxx agrees to protect and defend the Indemnified Partiesindemnified parties, now or forever, and further agrees to hold the Indemnified Parties indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement); (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum ImprovementsImprovements and Development Property; or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The Indemnified Parties indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or their its officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party indemnified party or its officers, agents, servants or employees. d. All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. e. The provisions of this Article X shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (a) The Developer releases the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article X, the “Indemnified Partiesindemnified parties”) from, covenants and agrees that the Indemnified Parties indemnified parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyImprovements. b. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Partiesindemnified parties, the Developer agrees to protect and defend the Indemnified Partiesindemnified parties, now or forever, and further agrees agree to hold the Indemnified Parties indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: : (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement); , or (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements; or , or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. (c) The Indemnified Parties indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or their its officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party indemnified party or its officers, agents, servants or employees. d. (d) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. e. (e) The provisions of this Article X IX shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (a) Developer releases from and covenants and agrees that the Authority and the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article X, the “Indemnified Parties”) from, covenants and agrees that the Indemnified Parties shall not be liable for, for and agrees to indemnify, defend, indemnify and hold harmless the Indemnified Parties againstAuthority and the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements Improvements, unless resulting from the willful misconduct or Development Propertygross negligence of any of the parties named above. b. (b) Except for any willful misrepresentation or any willful or wanton negligent misrepresentation, misconduct or any unlawful act negligence of the Indemnified PartiesParties (as hereafter defined), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, Developer agrees to protect and defend the Authority and the City and the governing body members, officers, agents, servants and employees thereof (the “Indemnified Parties”), now or forever, and further agrees to hold the Indemnified Parties harmless, harmless from any claim, demand, suit, action or other proceedings proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under from this Agreement); (ii) , or the acquisition and condition of transactions contemplated hereby or the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The (c) Except for any negligence of the Indemnified Parties (as defined in clause (b) above), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of Developer or their its officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (d) All covenants, stipulations, promises, agreements, agreements and obligations of the City Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, Authority and not of any governing body member, officer, agent, servant or employee of the City Authority in the individual capacity thereof. e. The provisions of this Article X shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (a) The Developer releases from and covenants and agrees that the City Authority and the its governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article X, the “Indemnified Parties”) from, covenants and agrees that the Indemnified Parties shall not be liable for, for and agrees to indemnify, defend, indemnify and hold harmless the Indemnified Parties againstAuthority and its governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyProject. b. (b) Except for any willful misrepresentation misrepresentation, gross negligence or any willful or wanton misconduct or any unlawful act of the Indemnified PartiesAuthority, or its governing body members, officers, agents or employees, the Developer agrees to protect and defend the Indemnified PartiesAuthority and its governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the Indemnified Parties harmless, aforesaid harmless from any claim, demand, suit, action or other proceedings proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under from this Agreement); (ii) , or the acquisition and condition of transactions contemplated hereby or the Development Property and the acquisition, construction, installation, ownership, maintenance and operation of the Minimum Improvements; Project. As to any willful misrepresentation, gross negligence or (iii) any hazardous substance willful or environmental contamination located in wanton misconduct of the Authority, or on its governing body members, officers, agents or employees, the Development PropertyAuthority agrees to protect and defend the Developer, its officers, agents, servants and employees and hold the same harmless from any such proceedings. c. (c) The Indemnified Parties Authority and its governing body members, officers, agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of the Developer or their its officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Development Property or Project due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (d) All covenants, stipulations, promises, agreements, agreements and obligations of the City Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, Authority and not of any governing body member, officer, agent, servant or employee of the City Authority in the individual capacity thereof. e. The provisions of this Article X shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (1) Developer releases the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection 5.10, the “Indemnified Parties”) from, from and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements Improvements, unless such loss or Development Property. b. Except for any willful misrepresentation damage to property or any willful injury to or wanton misconduct or any unlawful act death of a person is caused by the Indemnified Parties, ’ negligent acts or omissions. (2) Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: from (i1) any Developer’s acts or omissions which constitute or purport to constitute a violation of any agreement or condition of this Agreement Agreement; or (except 2) Developer’s acts or omissions connected with respect to any suitits acquisition, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement); (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements; Improvements or (iii3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Development Property, caused by Developer’s acts or omissions occurring after Developer takes possession of the Property. c. (3) The Indemnified Parties shall not be liable to Developer for any damage or injury to the persons or property of Developer or their its officers, agents, servants or employees or any other person who may be on, in or about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (4) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the their individual capacity thereof. e. (5) The provisions of this Article X Section 5.10 shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (1) Developer releases the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection, the “Indemnified Parties”) from, from and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Building including Minimum Improvements or Development PropertyImprovements. b. (2) Except for any gross negligence, willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: from (i1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City based on an alleged breach of any representation, warranty or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (ii2) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership, and operation of the Building including Minimum Improvements; Improvements or (iii3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Development Property, caused and occurring after Developer takes possession of the Property. c. (3) The Indemnified Parties shall not be liable to Developer for any damage or injury to the persons or property of Developer or their its officers, agents, servants or employees or any other person who may be on, in or about the Building including Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (4) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the their individual capacity thereof. e. (5) The provisions of this Article X Section shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. Developer agrees to the following conditions of release and indemnification, except that each company only agrees to indemnify the Indemnified Parties (defined below), with respect to the negligence, misrepresentation, or misconduct of their own respective acts. (1) Developer releases the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection, the “Indemnified Parties”) from, from and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyImprovements. b. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, (2) Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: from (i1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City based on an alleged breach of any representation, warranty or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (ii2) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; Improvements or (iii3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Development Property, caused and occurring after Developer takes possession of the Property. c. (3) The Indemnified Parties shall not be liable to Developer for any damage or injury to the persons or property of Developer or their its officers, agents, servants or employees or any other person who may be on, in or about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (4) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the their individual capacity thereof. e. (5) The provisions of this Article X Section shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. Developer releases and Employer agree to the following conditions of release and indemnification, except that each company only agrees to indemnify the Indemnified Parties (defined below), with respect to the negligence, misrepresentation, or misconduct of their own respective acts. Developer and Employer do not individually agree to any indemnification from conduct of another party. (1) Developer and Employer release City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection, the “Indemnified Parties”) from, from and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyImprovements. b. (2) Except for any gross negligence, willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees and Employer agree to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: from (i1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer or Employer against the City based on an alleged breach of any representation, warranty or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (ii2) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; Improvements or (iii3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Development Property, caused and occurring after Developer takes possession of the Property. c. (3) The Indemnified Parties shall not be liable to Developer or Employer for any damage or injury to the persons or property of Developer or their its officers, agents, servants or employees or any other person who may be on, in or about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (4) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the their individual capacity thereof. e. (5) The provisions of this Article X Section shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (a) The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article Xcollectively, the “Indemnified Parties”) from, covenants and agrees that the Indemnified Parties shall not be liable for, for and agrees to indemnify, defend, indemnify and hold harmless the Indemnified Parties againstCity and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyImprovements. b. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act the negligence of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, aforesaid harmless from any claim, demand, suit, action or other proceedings proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under from this Agreement); (ii) , or the acquisition and condition of transactions contemplated hereby or the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of Developer the company or their its officers, agents, servants or employees or any other person who may be about the Development Property or Minimum Improvements or Development Property due to any act of negligence of any person, person other than the Indemnified parties. (d) None of the Indemnified Parties shall be liable to the Developer or to any act third party for any consequential or other damages that may arise out of negligence on the part delays of any such Indemnified Party kind relating to activities undertaken pursuant to this Agreement, including but not limited to delays due to environmental conditions, court challenges or its officers, agents, servants or employeeselements outside the control of the City. d. (e) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. e. The provisions (f) Notwithstanding anything else contained in the foregoing to the contrary, none of this Article X the foregoing indemnifications of the City shall survive include or be deemed to include any matter which arises out of or is due to the termination responsibility or obligation of the City under this Agreement. (g) Nothing in this Section is intended to waive any municipal liability limitations contained in Minnesota Statutes, particularly Chapter 466.

Release and Indemnification Covenants. a. Except for the obligations of City as set forth in this Agreement, Developer releases the City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XIX, the “"Indemnified Parties”") from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development Property. b. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement); (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements; or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The Indemnified Parties shall not be liable for any damage or injury to the persons or property of Developer or their officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. e. The provisions of this Article X IX shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (1) Developer releases the and Employers release City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection, the “Indemnified Parties”) from, from and covenants and agrees agree that the Indemnified Parties shall not be liable for, and agrees agree to indemnify, defend, defend and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyImprovements. b. (2) Except for any gross negligence, willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees and Employers agree to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: from (i1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer and Employers against the City based on an alleged breach of any representation, warranty or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (ii2) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; Improvements or (iii3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Development Property, caused and occurring after Developer or Employers take possession of the Property. c. (3) The Indemnified Parties shall not be liable to Developer or Employers for any damage or injury to the persons or property of Developer or their Employers or its officers, agents, servants or employees or any other person who may be on, in or about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (4) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the their individual capacity thereof. e. (5) The provisions of this Article X Section shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. (a) The Developer releases the City City, the State, DEED, the County, the Western MN RLF and the their governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection 4.2, the “Indemnified Parties”) from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements Project or resulting from or occurring on the Development Property. b. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from: (i) from any violation of any agreement or condition of this Agreement or the Mortgage (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement); ) or (ii) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; Project or (iii) any pollutant, contaminant or hazardous substance or environmental contamination located in or on the Development Property. c. (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or their its officers, agents, servants or employees or any other person who may be about the Minimum Improvements or Development Property Project due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (d) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, respectively, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. e. (e) The provisions of this Article X Section 4.2 shall survive the termination of this Agreement.

Release and Indemnification Covenants. a. Developer releases the (1) Developer, Expansion Property Purchaser, and Employer release City and the governing body members, officers, agents, servants, servants and employees thereof (hereinafter, for purposes of this Article XSection, the “Indemnified Parties”) from, from and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, defend and hold harmless the Indemnified Parties against, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or Development PropertyImprovements. b. (2) Except for any gross negligence, willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees Developer, Expansion Property Purchaser, and Employer agree to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: (i1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer Developer, Expansion Property Purchaser, and Employer against the City based on an alleged breach of any representation, warranty or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (ii2) the acquisition and condition of the Development Property and the acquisition, construction, installation, ownership, and operation of the Minimum Improvements; Improvements or (iii3) the condition of the Property and any hazardous substance or environmental contamination located in or on the Development Property, caused and occurring after Developer or Expansion Property Purchaser take possession of the Property. c. (3) The Indemnified Parties shall not be liable to Developer, Expansion Property Purchaser, or Employer for any damage or injury to the persons or property of Developer or Expansion Property Purchaser or their officers, agents, servants or employees or any other person who may be on, in or about the Minimum Improvements or Development Property due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants or employees. d. (4) All covenants, stipulations, promises, agreements, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the their individual capacity thereof. e. (5) The provisions of this Article X Section shall survive the termination of this Agreement.