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- " 9 $�Sd �o�E�'6 <br /> �� POSTING MAY 2 6 1998 <br /> NOW, THEREFORE, the Ovmer agrees as follows: <br /> 1. In consideration of the Ciry grar�ing the variance, and without which the <br /> City would not grant the variance, the Owner agrees to defend, indemnify and save � <br /> harmless the Ciry, its appointed and elective officers, employees and agents from and <br /> against all loss of expense including, but not limited to, judgments, settlements, <br /> attomey's fees and costs by reason of any and all ciaims and demands upon the City, <br /> its elected or appointed otficers or employees or agerrts, for damages because of <br /> bodily injLry, including death, at any time resulting therefrom, sustained by any person <br /> or persons and on account of damage to property, inciuding loss of use thereof, arising <br /> out of or in consequence of the City granting Owner the variance. AII references to <br /> indemnfication inciude, but are not limited to attomey's fees and court costs. <br /> However, this paragraph does not purport to indemnify the Ciry against liabiliry for <br /> damages arising out of bodily injury to persons or damages to property caused by or <br /> resulting from the sole negligence of the Ciry, its officers, agents and employees. <br /> 2. Owner agrees that the rights and obligations of this Agreement are <br /> binding on his respective heirs, successors or assigns and shall run with the land. <br /> `3�`{ <br />