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<br />policies. If Developer does not comply with the requirements of this Section, the <br />Authority, at its sole discretion, may (1) suspend performance by the Authority hereunder <br />and begin procedures to terminate this Agreement for default or (2) purchase the required <br />insurance with Authority or Zone funds and deduct the cost of the premiums from <br />amounts due to Developer under this Agreement. The Authority shall never waive or be <br />estopped to assert its right to terminate this Agreement because of its acts or omissions <br />regarding its review of insurance documents. <br />7.2 . DEVELOPER SHALL DEFEND, INDEMNIFY, <br />AND HOLD THE AUTHORITY, THE CITY AND THE ZONE, THEIR AGENTS, <br />EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY, THE <br />LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, <br />COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR <br />PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE <br />UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED <br />BY: <br />(A) <br />ACTUAL OR ALLEGED SOLE AND/OR CONCURRENT <br />NEGLIGENCE OR INTENTIONAL ACTS; <br />(B) <br />ALLEGED CONCURRENT NEGLIGENCE AND/OR GROSS NEGLIGENCE, <br />WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT; AND/OR <br />(C) THE INDEMNIFIED PER <br />ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, <br />WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT. <br />IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO THAT THE <br />INDEMNIFICATION PROVIDED FOR IN THIS SECTION IS AN INDEMNITY BY THE <br />DEVELOPER TO INDEMNIFY AND PROTECT THE INDEMNIFIED PERSONS FROM <br />INCLUDING GROSS NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING <br />CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. FURTHERMORE, THE <br />INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION <br />TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE <br />THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE <br />INDEMNIFIED PERSONS UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR <br />ENTITY. <br />THE INDEMNITY PROVIDED FOR IN THIS SECTION 7.2 SHALL SURVIVE THE <br />TERMINATION OR EXPIRATION OF THIS AGREEMENT. <br />14 <br />011782.0153271 EMF_US 84032577v3 <br /> <br />