Ord. 2001-2498 - City & TIRZ #! agreement with Redev. Auth. as consultants

Browse Search

e e ... - 2. The indemnified persons' and/or the authority's actual or alleged concurrent negligence, whether the authority is immune' from liability or not; and 3. The indemnified persons' .and/or the authority's actual or alleged strict products liability or strict statutory liability, whether the authority is immune from liability or not. The authority shall defend, indemnify, and hold the indemnified persons hannless during the term of this agreement and for four years after the agreement terminates. The authority's indemnification is limited to $3,000,000 per occurrence. The authority shall not indemnify the indemnified persons for the indemnified persons' sole negligence. B. Indemnity to city orooertv. Authority shall likewise indemnify and hold hannless the city for any and all injury or damage to city property arising out of or in connection with any and all acts or omission (or alleged acts or omission) of authority, its officers, agents, employees, contractors, subcontractors, licensees, or invitees. C. Release. The authority agrees to and shall release the indemirlfied persons from all liability for injury, death, damage, or loss to persons or property sustained in connection with or incidental to performance under this agreement, even if the injury, death, damage, or loss is caused by the indemnified perSons' sole or concurrent negligence. D. Defense of Claims. 1. Assumption of Defense. The Authority is defined as a "Covered Party" under the Errors and Omissions Liability Coverage Policy of the City of La Porte. As such, the Authority agrees with the City of La Porte to immediately notify the City (and the City's insurance carrier) in the event of any claims that are or may be reasonably asserted under said policy. The Authority agrees to cooperate fully with the City and its insurance carrier in defense of any claim asserted against the Authori~ (or City, if within the scope of the Authority's duty to indemnify City and the other indemnified parties, as defined in this Agreement) in the event the City's liability insurance carrier provides coverage and a defense of any claim subject to the indemnity provisions of this agreement. In the event the City's liability insurance carrier denies coverage of any claim subject to the indemnity provisions of this agreement, then the Authority may elect to defend said claim at its own expense with counsel chosen by it that is reasonably satisfactory to the Indemnifi~d Persons. The Authority shall then control the defense and any negotiations to settle the claim. Within 10 days after rec~iving written notice of the indemnification request, the Authority must advise the Indemnified Persons as to whether or not it will defend the claim. If the Authority does not then assume the defense, the Indemnified Persons shall assume and control the defense, and all defense expenses constitute an indemnification loss. 2. Continued Particioation. Subject to the foregoing paragraph, if the Authority (after denial of insurance defense coverage) elects to defend the claim, the Indemnified Persons may retain separate counsel at their own expense to participate in (but not control) the defense and to participate HoIIStCIII:367966.2 13