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express intent of the parties that BFC will indemnify and hold harmless <br />lndemnitees from any and all claims, suits or actions arising from any cause <br />whatsoever as set forth above regardless of the existence or degree of fault or <br />negligence on the part of City, BFC or any subcontractor or employee of any of <br />these, except to the extent the Liability was the direct result of the negligence or <br />willful misconduct or criminal acts of the City, its directors, officers, employees <br />and agents. <br /> <br /> Should any discharge, leakage, spillage, emission or pollution of any type <br />occur upon or from the Public Right-of-Way attributable to BFC'S use or <br />occupancy, BFC at its expense, shall clean and dispose of all affected property to <br />the reasonable satisfaction of City and any governmental body having jurisdiction. <br /> <br /> BFC shall indemnify, hold harmless and defend Indemnitees (with counsel <br />selected by BFC and reasonably satisfactory to City) against all Liability incurred <br />by City as a result of BFC's breach of this section or as a result of any such <br />discharge, leakage, spillage, emission or pollution, regardless of whether such <br />Liability, cost or expense arises during or affer the term of this Agreement. <br /> <br /> The obligations of BFC under this Section 14 shall survive termination of <br />this Agreement. <br /> <br /> Except to the extent of City's gross negligence, willful misconduct or <br />criminal acts, under no circumstances shall the City be liable or otherwise <br />responsible to BFC or its customers for any loss of service, downtime, lost <br /> <br />Agmt-0$2 <br />G~ha~ha~d~Redwood~Council <br /> <br /> 21 <br /> <br /> <br />