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The developer or contractor shall indemnify and hold harmless the city and the city engineer, and their agents, employees, and volunteers from and against all claims, damages, losses, and expenses for bodily injury, sickness, disease, or death, or for injury or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and including attorney’s fees, arising out of or resulting from the performance of the work and shall, after reasonable notice, defend and pay the expense of defending any suit and pay any judgment resulting from any such suit; provided, that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or by any other action giving rise to strict liability of the developer, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

(1) In any and all claims against the city or city engineer, or any of their agents, employees, or volunteers by any employee of the developer, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages or compensation under workman’s compensation acts, disability benefit acts, or other employee’s benefit acts.

(2) The obligations of the developer under this section shall not include the sole negligence of the city or city engineer. (Ord. 14-09 § 8)