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HOLD HARLESSS AGIdEEMENT <br /> FOR SIDEWALK COI�tSTRUCTION 1VIODIFICATIOI�T <br /> WHEREAS, Section 1-9 of the DCSSD authorizes modifications fi-om these Standards to <br /> be granted by the City �ngineer upon evidence that such modifications are in the public interest, <br /> that they are based upon sound engineering judgment, and that requirements for safety, function, <br /> appearance,environment, and maintainability are fully met <br /> ;And <br /> WHEREAS, Owner requests, and the City approves, a modifcation to install a specially <br /> engineered gap-filling sealant to the non-conforming expansion joints and score marks to bring <br /> them into conformance with accessibility standards; <br /> NOW, THEREFORE, the Owner agrees as follows: <br /> 1. In consideration of the City granting the modification, and without which the City <br /> would not grant the modification, the Owner agrees to defend, indemnify and save harmless the <br /> City, 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 and <br /> all claims and demands upon the City, its elected or appointed officers or employees or agents, far <br /> damages because of bodily injury, including death, at auy time resulting therefrom, sustained by <br /> any person or persons and on account of damage to propei-ty, including loss of use thereof, arising <br /> out of or in consequence of the City granting Owner the modification. All references to <br /> 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 otrt of bodily <br /> injury to persons or damages to property caused by or resulting from the sole negligence of the <br /> City, its officers, agents and employees. <br /> 2. Owner agrees that the duty, burden, and expense of repair, renewal, maintenance <br /> of sidewalks along this property's street frontages shall be the sole responsibility and expense of <br /> the Owner(EMC 13.08.010). <br /> 3. Owner agc•ees that the rights and obligations of the Agreement are binding on his <br /> respective heirs, successors or assigns and shall run with the land. <br /> I <br />