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side-sewer as required for a commercial building; and <br /> WHEREAS, Owner agrees to replace the side-sewer to the sewer <br /> main if it becomes inoperative; and <br /> WHEREAS, in lieu of being required to make the necessary <br /> physical changes to accommodate the provisions of EMC 14.08, <br /> which the City Engineer finds renders compliance impracticable, <br /> Owner agrees to save harmless and indemnify the City; <br /> NOW, THEREFORE, the Owner agrees as follows: <br /> 1. In consideration of the City granting the variance, and <br /> without which the �City would not grant the variance, the Owner <br /> agrees to defend, indemnify and save harmless the City, :ts <br /> appointed and elective officers, employees and agents from and <br /> against all loss of expense including, but not limited to, <br /> judgments, settlements, attorney's fees and costs by reason of <br /> any and all claims and demands upon the City, its elected or <br /> appointed officers or emp}oyees or agents, for damages because of <br /> bodily injury� including death, at any time resulting therefrom, <br /> sustained by any person or persons and on account of damage to <br /> property, including loss of use thereof, arising out of or in <br /> consequence of the City granting Owner the variance. All <br /> references to indemnification include, but are not limited to, <br /> attorney's fees and court costs. HowBver, this paragraph does <br /> not purport to indeinnify the City against liability for damages <br /> . <br /> arising out of bodily injury to persons or damages to property <br /> - 2 - <br />