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� . .� - D . �a <br /> execution thereof by all of the parties hereto, and to effect recordation thereof, without <br /> affecting the validity thereof. <br /> 1. Indemnification - The Developer on the one hand and the City <br /> and/or the Agency on the other hand, and their respective successors, shall indemnify, <br /> defend and hold harmless the other party, and its officers, o�cials, employees and <br /> volunteers from and against any and all liability, loss, damage, expense, costs (including <br /> without limitation costs and attorneys' fees of litigation) of every nature arising out of or <br /> in connection with the indemnifying party's performance of any of its obligations <br /> contained in this Agreement or its failure to comply with any of its obligations contained <br /> in this Agreement, except for such loss or damage as was caused by the sole negligence <br /> or willful misconduct of the other party. <br /> END OF THIS PAGE <br /> REDW\0002\007-6.DOC <br /> 6\16\04 400 law <br /> 15 <br />