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wrongful death, whether imposed by a court of law or by administrative action of any federal, <br />state, or local governmental body or agency, arising out of or incident to any acts, omissions, <br />negligence, or willful misconduct of Owner, its personnel, employees, agents, or contractors in <br />connection with or arising out of construction of the Improvements, or performance of this <br />Agreement. This indemnification includes, without limitation, the payment of all penalties, <br />fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the <br />reimbursement of City, its elected officials, officers, employees, and/or agents for all legal <br />expenses and costs incurred by each of them. This indemnification excludes only such portion <br />of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to <br />property or persons, including wrongful death, which is caused solely and exclusively by the <br />negligence or willful misconduct of Agency as determined by a court or administrative body of <br />competent jurisdiction. Owner's obligation to indemnify shall survive the expiration or <br />termination of this Agreement, and shall not be restricted to insurance proceeds, if any, <br />received by City, its elected officials, officers, employees, or agents. <br />IN WITNESS WHEREOF, the representatives of the parties hereto have executed <br />this Deferred Improvement Agreement as of the date first above written. <br />CITY: <br />CITY OF COLTON <br />City Manager <br />OWNER: <br />PIANO EMPIRE, INC. <br />Christopher Vance <br />