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or by any other person(s), whether or not they have a permit from the City and whether or not� <br /> they are associated with the City in any direct or indirect manner. <br /> Grantee shall, at its own expense, defend all suits and does agree to indemnify and save <br /> harmless, except for gross negligence or willful or wanton conduct by the City, its officers, <br /> employees and agents, the City from and against any and all claims and liabilities of whatever <br /> nature arising from the granting of authority herein to the Grantee or imposed upon or assumed <br /> by it, or by reason of or in connection with any damage to life, limb or property as a result of any <br /> of the installed System constructed under or by virtue of this Agreement, and shall save and keep <br /> hannless the City from any and all damages,judgments, costs and expenses of every kind, that <br /> may arise by reason thereof. <br /> Notice in writing shall be promptly given to Grantee of any claim or suit against the City <br /> which, by the terms hereof, the Grantee shall be obligated to defend, or against which the <br /> Grantee has hereby agreed to save and keep harmless the City. The City shall fiunish to the <br /> Grantee all information in its possession relating to said claim or suit, and cooperate with said <br /> Grantee in the defense of any said claim or suit. The Grantee agrees to provide notice in writing <br /> to the Corporation Counsel of the City of any claim or suit against the Grantee and/or its officers <br /> or employees which may directly affect the System or directly or indirectly affect this Agreement <br /> or the property refened to herein, whether or not the City has been made a defendant or <br /> respondent to the legal action. The City may, if it so desires, assist in defending any such claim <br /> or suit. The City shall not settle any claim, action or suit subject to indemnification under this <br /> section without ten (10) business days advance written notice to Grantee of its intent to settle. The � <br /> Grantee further agrees that it will pay the costs incurred by the City for the necessary defense of <br /> any suit against the City resulting from this Agreement, provided such costs are necessary in the <br /> 142606_1.DOC <br />