HomeMy Public PortalAboutMRS Agreement 2001_Page_5 any and all claims, demands, judgments, set -offs, losses, damages,
liabilities, awards, fines and expenses, including without
limitation, the concurrent negligence of one or more of the parties
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herein indemnified and MRS, its successors in title, and assigns,
the contributory negligence of any party indemnified herein and any
third party, and any attorney's fees, expenses or other costs
associated with or incurred, based on or in any manner relating to
the subject matter of this agreement or the use of any premises
hereunder, including, but not '7:mited to, injury to person or
property, actual damages, consequential damages, punitive damages,
losses, set -offs, warranty claims, products liability claims,
conversion claims, nuisance claims; provided however, that nothing
contained in this provision shall be interpreted to indemnify or
hold harmless any indemnified party against liability for damages
arising out of bodily injury to person or damage to property caused
by or resulting from the sole negligence or willful misconduct of
such indemnified party. Without limiting the foregoing indemnity,
MRS, its successors and assigns, shall indemnify the City for all
defense costs, including reasonable attorney's fees, judgments and
amounts paid in settlement.
10. INSURANCE: The MRS agrees that it shall at all times during
the term hereof, at its own expense, and in the name of and for the
protection of itself, the City, and such other persons as the City
May designate, keep policies of insurance with an insurance company
approved by the City as follows.
EMA19498■MRS.LEASE 5
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