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indemnify City, its officers, councilmembers, employees and agents (all of the above hereinafter collectively known as "Indemnitees"), from and against all claims, cause of actions, proceedings, losses, damages, liability, cost, and expense (including, without limit, any fines, penalties, judgments, litigation costs, attorney's fees and consulting, engineering and construction costs) for actual loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party) ("Liability") to the extent caused by, or alleged to have been caused by, in whole or in part, any act or omission to act, negligent or otherwise, of NEXTLlNK, its officers, agents, or employees in connection with this Agreement. The duty of NEXTLINK to indemnify and hold harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the parties that NEXTLINK will indemnify and hold harmless Indemnitees from any and all claims, suits or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of City, NEXTLINK or any subcontractor or employee of any of these, except to the extent the Liability was the direct result of the negligence or willful misconduct or criminal acts of the City, its directors, officers, employees and agents. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Public Right-of-Way attributable to NEXTLlNK's use or occupancy, NEXTLINK at its expense, shall clean and dispose of all affected property to the reasonable satisfaction of City and any governmental body having Sh/rwc/council/agmt Agmt-261 FXS/fs 05/11/99 21