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12 <br /> 1.10 Indemnification. <br /> (a) Indemnification by Rinker. CSR AssociatedOther than <br /> as provided in Section 1.4 above,Rinker shall be responsible to the City for, and shall defend, <br /> indemnify, and hold the City harmless from and against loss, damage, liability, cost or expense <br /> (including, without limitation,reasonable attorneys' fees, legal expenses and consultant's fees), <br /> that shall be suffered by the City,resulting from or relating to: <br /> (1) claims or demands made by third parties against City with regard to <br /> the ownership, management, or use of each Transfer Lot prior to and including the applicable <br /> Transfer Date, including without limitation any claims and liabilities for personal injury or <br /> property damage, or any other liability, obligation or commitment of CSR AssociatedRinker <br /> (whether known or unknown, fixed or contingent, due or to become due) not expressly assumed <br /> by City under this Agreement; or <br /> (2) any breach of any of the covenants,representations or warranties of <br /> CSR AssociatedRinker contained in this Agreement (including, without limitation, any schedule, <br /> certificate, exhibit or other instrument delivered or to be delivered by CSR AssociatedRinker <br /> pursuant to this Agreement). <br /> (b) Indemnification by City. Without limiting its obligations under Section <br /> 1.4 above,the City shall be responsible to GST' "ssociate'1Rinker for, and shall defend, <br /> indemnify and hold CSR AssociatedRinker harmless from and against loss, damage, liability, <br /> cost or expense(including, without limitation,reasonable attorneys' fees, legal expenses and <br /> 2004 Revised Development Agreement : `:_. . _ ..•. _ •• •. •` ... . • ,, -••.. . • -•- <br /> 20 <br /> 7 " <br /> 4' 8/1/2005 tat .ri! ; et t! to . le : !!.: U . • !,.. UU-: �� <br />