|
BK : 1961 PG : 1046
<br /> state guidelines have been found in buildings in Florida. Additional information
<br /> regarding radon and radon testing may be obtained from your county health
<br /> department ."
<br /> Section 8 . 14 . Estoppel Certificates. At any time, within twenty (20) days after request
<br /> by either party, the other party shall certify in writing to the requesting party, or any person
<br /> specified by the requesting party, to the effect (a) whether this Agreement is unmodified and in
<br /> full force and effect (or if there has been modification, that the same is in full force and effect as
<br /> modified and setting forth such modification); (b) whether or not to the best of the other party' s
<br /> knowledge, the requesting party is in Default hereunder; and (c) any other information which the
<br /> requesting party reasonably requests to be confirmed.
<br /> ARTICLE IX
<br /> Indemnification and Insurance
<br /> Section 9 .01 . Indemnification by the City. To the fullest extent permitted by law, the
<br /> City shall indemnify, protect, and hold harmless Dodgers, the County, and their respective
<br /> owners, managers, stockholders, directors, officers, employees, agents, representatives, partners,
<br /> affiliates, predecessors, heirs, successors and assigns, and each and every person acting by,
<br /> through, under or in concert with them, or any of them (hereinafter collectively and individually
<br /> referred to as the "Indemnified Dodgers Parties") from, and shall defend the Indemnified
<br /> Dodgers Parties against, any and all "liabilities" (as hereinafter defined) for any "bodily injury"
<br /> (as hereinafter defined) or "property damage" (as hereinafter defined) whatsoever arising out of
<br /> or resulting from any Default by the City and/or occurring in, on, or about the Parking Property
<br /> and/or Improvements to the extent such injury or damage is caused by the negligence or willful
<br /> misconduct of the City or of the City' s agents, contractors or employees, but not to the extent
<br /> caused by the negligence or willful misconduct of the Indemnified Dodgers Parties. In the case
<br /> of any action or proceeding being brought against the Indemnified Dodgers Parties by reason of
<br /> any such claim, the City, upon notice from the Indemnified Dodgers Parties, shall defend the
<br /> same at the City' s expense by counsel reasonably satisfactory to Dodgers.
<br /> Section 9.02 . Indemnification by Dodeers. To the fullest extent permitted by law,
<br /> 'Dodgers shall indemnify, protect, and hold harmless the City and its officers, agents, and
<br /> employees, and each of their respective successors and assigns (collectively, the "Indemnified
<br /> City Parties") from, and defend the Indemnified City Parties against, any and all "liabilities" (as
<br /> hereinafter defined) for any "bodily injury" (as hereinafter defined) or "property damage" (as
<br /> hereinafter defined) whatsoever arising out of or resulting from any Default by Dodgers and/or
<br /> occurring in, on, or about the Parking Property to the extent such injury or damage is caused by
<br /> the negligence or willful misconduct of Dodgers or Dodgers ' agents , contractors or employees,
<br /> but not to the extent caused by the negligence or willful misconduct of the Indemnified City
<br /> Parties . In the case of any action or proceeding being brought against the Indemnified City
<br /> Parties by reason of any such claim, Dodgers, upon notice from the Indemnified City Parties ,
<br /> shall defend the same at Dodgers ' expense by counsel reasonably satisfactory to the City.
<br /> Section 9.03 . Definitions. As used in this Agreement, "liabilities" shall mean all
<br /> liabilities, claims, damages (excluding consequential damages), losses , penalties, litigation,
<br /> demands, causes of action (whether in tort or contract, in law or equity or otherwise) , suits,
<br /> {FT284532;3 } Page 13 of 21
<br />
|