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<br />(A) DEVELOPER'S AND/OR ITS AGENTS', EMPLOYEES', OFFICERS', <br />DIRECTORS', CONTRACTORS', OR SUBCONTRACTORS' (COLLECTIVELY, <br />"DEVELOPER'S") ACTUAL OR ALLEGED SOLE AND/OR CONCURRENT <br />NEGLIGENCE OR INTENTIONAL ACTS; ; <br /> <br />(B) THE INDEMNIFIED PERSONS' AND DEVELOPER'S ACTUAL OR <br />ALLEGED CONCURRENT NEGLIGENCE AND/OR GROSS NEGLIGENCE, <br />WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT; AND <br /> <br />(C) THE INDEMNIFIED PERSONS' AND DEVELOPER'S ACTUAL OR <br />ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, <br />WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT. <br /> <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 />THE CONSEQUENCES OF THE INDEMNIFIED PERSONS' OWN NEGLIGENCE, <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 SO~E NEGLIGENCE OF THE <br />INDEMNIFIED PERSONS UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR <br />ENTITY. <br /> <br />THE INDEMNITY PROVIDED FOR IN THIS SECTION 7.2 SHALL SURVIVE THE <br />TERMINATION OR EXPIRATION OF THIS AGREEMENT. <br /> <br />If an Indemnified Person or Developer receives notice of any claim or circumstance <br />which could give rise to an indemnified loss, the receiving party shall give written notice to the <br />other party within 30-days. The notice must include a description of the indemnification event in <br />reasonable detail, the basis on which indemnification may be due, and the anticipated amount of <br />the indemnified loss. This notice shall not estop or prevent an Indemnified Person from later <br />asserting a different basis for indemnification or a different amount of indemnified loss than that <br />indicated in the initial notice. If an Indemnified Person does not provide this notice within the <br />30-day period, it does not waive any right to indemnification except to the extent that Developer <br />is prejudiced, suffers loss, or incurs expense because of the delay. <br /> <br />For those matters for which the Developer has the obligation to defend an Indemnified <br />Person pursuant to this Section 7.2, Developer shall assume the defense of the claim at its own <br />expense with counsel chosen by it that is on the approved list established by the Texas Municipal <br />League or that is otherwise approved by the City. Within 10 days after receiving written notice <br />of the indemnification request, Developer shall advise the Indemnified Person as to the chosen <br />counsel. If Developer does not properly notify the Indemnified Persons as required above, the <br />Indemnified Person shall assume and control the defense, and all defense expenses aCtually <br />incurred by it shall constitute an indemnified loss, which must be paid by the Developer within <br />thirty (30) days of receipt of an invoice from an Indemnified Person. Such indemnified loss shall <br /> <br />A-IS <br /> <br />!-lOII'?,,)?11 ~ , <br />