AgdaPkt 2019-12-16 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 16 of 40 fines, penalties and expenses incurred in connection with or arising in whole or in part from: (a) any accident, injury to or death of a person, loss of or damage to property occurring in or about the Historic Property; (b) the use or occupancy of the Historic Property by Owner, Owner's Agents or Invitees; (c) the condition of the Historic Property; (d) any construction or other work undertaken by Owner on the Historic Property; or (e) any claims by unity or interval owners for property tax reductions in excess of those provided for under this Contract. This indemnification shall include, without limitation, reasonable fees for attorneys, consultants, and experts and related costs that may be incurred by City and all indemnified parties specified in this Section and City's cost of investigating any claim. In addition to Owner's obligation to indemnify City, Owner specifically acknowledges and agrees that Owner has an immediate and independent obligation to defend City from any claim that actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to Owner by City, and continues at all times thereafter. Owner's obligations under this Section shall survive termination of this Contract. 11. Property Insurance. Owner shall maintain during the life of this Agreement a homeowner's insurance policy. 12. Status of Parties. None of the terms, provisions or conditions of this Contract shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint venturers or members of any joint enterprise. 13. California Law. This Contract shall be construed and governed in accordance with the laws of the State of California. 14. Notice. Any notice required to be given by the terms of this Contract shall be given in writing and delivered personally or by depositing the same with the U.S. Postal Service, REV: 12-09-19 PR ATTY/AGR.2019.309/Friday Trust (Page 8 of 17) 377