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<br />FFaIlchisee's aetivities pcrmittcd by this Frallchise sr allY sabcentracter, anyolle <br /> <br />direetly er indircetly employed by any eRe ef them or aIlytlne fer v/hose acts any <br /> <br />of them mlleY be liable, regfrffiless of whether or net it is cllllsed ill part by a party <br /> <br />illaemnifietl hereunaer, or fur any aetiolls or proceedings broHgftt as the resalt ef <br /> <br />the llewara of this Frllllehise to Frllllehisee, to specifieally ineluae but Ilot be <br /> <br />limited to, anti trust aetions or proceetlings, ana shall pay all expellses, inellldillg <br /> <br />costs ana attorney's fces, in aefenaillg agaillst allY such claim made against the <br /> <br />City or any of the City's ageflts, officers or employees. Franchisee furthcr agrees <br /> <br />to purchase comprehensive public liability and property damage insurance in the <br /> <br />amount of $5,000,000.00, per accident, event or occurrence, naming the City as <br /> <br />an additional insured to the extent of its rights against Franchisee arising by virtue <br /> <br />of this Section. The insurance policy will provide that the City shall be given <br /> <br />fifteen (15) days written notice prior to cancellation or modification. A copy of <br /> <br />said policy of insurance shall be filed with the City Clerk on or before the <br />effective date of the Franchise. Nothing set forth in this Franchise shall be <br />deemed to waive the City's sovereign immunity. The Franchisee shall indemnify <br /> <br />hold harmless. and defend the Citv its a2:ents and emnlovees from and a2:ainst <br /> <br />anv and all liabilities losses. claims dama2:es. demands. exoenses or actions. <br /> <br />either at law or in eauitv. includin2: court costs and attornevs' fees that mav <br /> <br />hereafter at anv time be made or brou2:ht bv anvone on account of nersonal iniurv. <br /> <br />nrooertv dama2:e. loss of monies or other loss. alle2:edlv caused or incurred. in <br /> <br />whole or in Dart as a result of anv ne2:li2:ent wron2:ful or intentional act or <br /> <br />omission. or based on anv act of fraud or defalcation bv the Franchisee. its a2:ents. <br /> <br />7 <br />