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<br /> Section 12 Indemnification
<br /> (a) The COUNTY shall indemnify and hold harmless the CITY and its officers,
<br /> agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss,
<br /> costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any
<br /> negligent action or omission of the COUNTY, its officers, agents, and employees, or any
<br /> of them related to the services provided under this Agreement. In the event that any suit
<br /> based upon such a claim, action, loss, or damage is brought against the CITY, the
<br /> COUNTY shall defend the same at its sole cost and expense; provided, that, the CITY
<br /> retains the right to participate in said suit if any principle of governmental or public law is
<br /> involved; and if final judgment be rendered against the CITY and its officers, agents, and
<br /> employees, or any of them, or jointly against the CITY and the COUNTY and their
<br /> respective officers, agents, and employees, or any of them, the COUNTY shall satisfy the
<br /> same.
<br /> (b) The CITY shall indemnify and hold harmless the COUNTY and its officers,
<br /> agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss,
<br /> costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any
<br /> negligent act or omission of the CITY, its officers, agents, and employees, or any of them
<br /> related to the arrest or confinement of a CITY inmate. In the event that any suit based upon
<br /> such a claim, action, loss, or damage is brought against the COUNTY, the CITY shall
<br /> defend the same at its sole cost and expense; provided that the COUNTY retains the right
<br /> to participate in said suit if any principle of governmental or public laws is involved; and if
<br /> final judgment be rendered against the COUNTY, and its officers, agents,and employees,
<br /> or any of them, or jointly against the COUNTY and the CITY and their respective officers,
<br /> agents, and employees, or any of them,the CITY shall satisfy the same.
<br /> (c) In the event of the concurrent negligence of the parties, the COUNTY ' S and
<br /> the CITY's obligations hereunder shall apply to the percentage of fault attributable to the
<br /> COUNTY and CITY or the COUNTY ' S and CITY's agents, employees or officials
<br /> respectively.
<br /> (d) In executing this agreement, the COUNTY does not assume liability or
<br /> responsibility for or in any way release the CITY from any liability or responsibility, which
<br /> arises in whole or in part from the existence or effect of the CITY Municipal Code, rules or
<br /> regulations. If any cause, claim, suit, action or administrative proceeding is commenced in
<br /> which the enforceability and/or validity of any such CITY Municipal Code, rule or
<br /> regulation is at issue, the CITY shall defend the same at its sole expense and if judgment is
<br /> entered or damages are awarded against the CITY,the COUNTY, or both, the CITY shall
<br /> satisfy the same, including all chargeable costs and attorney's fees.
<br /> (e) The terms of Section 12 shall survive the termination or expiration of this
<br /> Interlocal Agreement for Jail Services Page 10 of 20
<br /> 2005-2009
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