2001-07-09 Regular Meeting and Special Called Workshop Meeting

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VIII. RIGHT OF OWNERSHIP All property and improvements purchased by the Authority shall be the property of the Authority and shall be maintained by the Authority throughout the term of this Agreement and the Authority may lease, sell or otherwise dispose of such property upon such terms and conditions as the Authority deems desirable; provided that, if any TIRZ Project or PID Project is integrated in and used as part of the City's infrastructure, it shall be conveyed to the City at the time of such integration, at the City's discretion. Upon termination of this Agreement, title to all Authority property shall immediately vest in the City without the need for further action on the part of the City. IX. PERSONAL LIABILITY OF PUBLIC OFFICIALS To the extent permitted by State law, no director of the Authority, nor any employee or agent of the Authority, no director of the Zone, nor any employee or agent of the Zone, and no employee of the City, nor any agent of the City, shall be personally responsible for any liability arising under or growing out of the Agreement, or operations of the Authority under the terms of this Agreement. X. CITY AND ZONE NOT LIABLE FOR DELAY It is expressly agreed that in no event shall the City or the Zone be liable or responsible to the Authority or any other person for or on account of, any stoppage or delay in the work herein provided for by injunction or other legal or equitable proceedings, or from or by or on account of any delay for any cause over which the City or the Zone has no control. XI. INDEMNITY AND RELEASE A. Indemni for personal injuries. The authority covenants and agrees to, and does hereby, defend, indemnify and hold the city, the zone, and their officers, directors, and employees (the "indemnified persons"), harmless from all claims, causes of action, liabilities, fines, and expenses (including, without limitation, attorneys' fees, court costs and interest) for injury, death, damage or loss injuries, including death, to persons or property sustained in connection. with or incidental to any performance under this agreement, including, without limitation, those caused by: 1. The authority's and/or its agents', employees', officers', directors', contractors', or subcontractors' (collectively in lettered paragraphs 1-3, "authority's ") actual or alleged negligence or intentional acts or omissions; HousWn:367966.2 12