4024 HOYT AVE 2016-01-01 MF Import

NOW, THEREFORL, the Owner agrees as follows: 1. In consideration of the City grantit�g the modification, and withou[ which the City would not grant the modification, the Owner zgrees to defend, indemnify and save harmless the City, its officers, employees and agents from and against all loss of expense including, but not limited to, judgments, seitlements, cour[ costs, attorney's fees and cosls by reason of any and all claims and d�mands upon the City, its officers or employees or agents, for damages because of bodily injury, including death, at any tim� resulting therefrom, sustained by any person or persons and on z:;count of damage to property, including loss of use thereof, arising out of or in consequence of the City grantin; Owner the modification. However, this paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to persons or damabes to property caused by or res�iting from the sole negligence of the City, its officers, agents and employees; provided, that if the da�ms or damages aze caused by or result from Ihe concurrent negligence of (a) the City, its officers, employees or agents, and (b) Uwner, its agents, successors or assigns, this indemnity provision shall be valid and enforceable to the extent of the negligence of Owner, its agents, successors or assigrs. (For example, where Owner is 25% negligent, the indemnification shall extend to 25°lo negligent, of the City's concurrent negligence.) 2. Owner agrees tha[ the rights and obligations of this Agreemen[ are binding on his respective heirs, successors or assigns and shall run with the land. �� 401. ��.�4PbGE��