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HOLD HARMLESS AGREEMENT <br /> FOR SEWER CONNECTION VARIANCE <br /> � 4 <br /> WHEREAS, Owner requests a variance to <br /> and <br /> WHEREAS, in lieu of being required to make the necessary physical changes to <br /> accommodate the provisions of EMC 14.08 and the Uniform Plumbing Code, which the City <br /> Engineer finds renders compliance impracticable, Owner agrees to save harmless and indemnify <br /> the City; <br /> NOW, THEREFORE, the Owner agrees as follows: <br /> 1. In consideration of the City granting the variance, and without which the City <br /> would not grant the variance, the Owner agrees to defend, indemnify and save harmless the City, <br /> its appointed and elective officers, employees and agents from and against all loss of expense <br /> including, but not limited to,judgments, settlements, attorney's fees and costs by reason of any <br /> and all claims and demands upon the City, its elected or appointed officers or employees or <br /> agents, for damages because of bodily injury, including death, at any time resulting therefrom, <br /> sustained by any person or persons and on account of damage to property, including loss of use <br /> thereof, arising out of or in consequence of the City granting Owner the variance. All references <br /> to indemnification include, but are not limited to attorney's fees and court costs. However, this <br /> paragraph does not purport to indemnify the City against liability for damages arising out of <br /> bodily injury to persons or damages to property caused by or resulting from the sole negligence <br /> of the City, its officers, agents and employees. <br /> 2. Owner agrees that the rights and obligations of this Agreement are binding on his <br /> respective heirs, successors or assigns and shall run with the land. <br /> 2 <br />