|
<br />.
<br />
<br />e
<br />
<br />~'
<br />
<br />VIII.
<br />RIGHT OF OWNERSIDP
<br />
<br />All property and improvements purchased by the Authority shall be the property of the
<br />Authority and shall be maintained by the Authority throughout the term of this Agreement and the
<br />Authority may lease, sell or otherwise dispose of such property upon such terms and conditions as
<br />the Authority deems ~esirable; provided that, if any TIRZ Project or PID Project is integrated in and
<br />used as part of the City's infrastructure, it shall be conveyed to the City at the time of such
<br />integration, at the City's discretion. Upon termination of this Agreement, title to all Authority'
<br />property shall immediately vest in the City without the need for further action on the part of the City.
<br />
<br />t IX. ,
<br />PERSONAL LIABILITY OF PUBLIC OFFICIALS
<br />
<br />To the extent permitted by State law, no director of the Authority, nor any employee or agent
<br />of the Authority, no director of the Zone, nor any employee or agent of the Zone, and no employee of
<br />the City, nor any agent of the City, shall be personally responsible for any liability arising under or
<br />growing out o.fthe Agreement, or operations of the Authority under the terms of this Agreement.
<br />
<br />X.
<br />CITY AND ZONE NOT LIABLE FOR DELAY
<br />
<br />It is expressly agreed that in no event shall the City or the Zo~e be liable or responsible to the .
<br />Authority or any other person for or on account of, any stoppage or delay in the work herein provided _
<br />for by injunction or other legal' or equitable proceedings, or from or by or on account of any delay for
<br />any cauSe over which the City or tJ1e Zone has no con~o1.
<br />
<br />XI.
<br />INDEMNITY AND RELEASE,
<br />
<br />A. Indemnity for personal iniuries. The authority covenants and agrees to, and does
<br />hereby, defend, indemnify and hold the city, the zone, and their officers, directors, and employee~
<br />(the "indemnified persons"), hannless from all claims, causes of action, liabilities, fines, and '
<br />expenses (including, without limitation, attorneys' fees, court costs and interest) for injury, death,
<br />damage or loss injuries, including death, to persons or property sustained in connection with or
<br />incidental to any performance under this agreement, including, without limitation, those caused by:
<br />, ,
<br />
<br />1. The authority's and/or its agents', employees', officers, directors', contractors', or
<br />subcontractors' (collectively in lettered' paragraphs 1-3, "authority 's") actuB:! or alleged
<br />negligence or intentional acts or omissions;
<br />
<br />.
<br />j
<br />1
<br />
<br />Housllln:367966.2
<br />
<br />, 12
<br />
<br />I '
<br />I
<br />
|