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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 651 COURT ST INDEMNIFICATION AGREEMENT This Agreement made and entered into this 8th of August, 2008, by the City of Clearwater is to.clarify the City of Clearwater's liability during the Clearwater Fire & Rescue Department's training exercises on the Court Development Associates LLC & 7 -Eleven Inc property located at 651 Court Street, Clearwater, Florida. Whereas, the Clearwater Fire Department desires to engage in training exercises on the vacant Court Development Associates LLC & 7 -Eleven Inc property located at 651 Court Street, Clearwater, Florida during August 11th through September 30th, 2008; Whereas, Court Development Associates LLC & 7-Eleven Inc desire(s) an Indemnification Agreement to ensure that Court Development Associates LLC & 7-Eleven Inc, the owner(s) of the property located at 651 Court Street, Clearwater, Florida, is/are protected from any claims arising out of the actions of the City of Clearwater or its employees during the training exercises, which are not attributable to any error, omission, or negligent act by Court Development Associates LLC & 7-Eleven Inc, including the officers, agents, and employees of the property owner(s); Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless and indemnify Court Development Associates LLC & 7-Eleven Inc, including all of the officers, agents, and employees of the owner(s), from any claim, loss, damage, cost, or expense, including attorney's fees and any costs incurred in enforcing this Indemnity Agreement, arising out of any act, error, omission, or negligent act by the City of Clearwater or its agents or employees, during the performance of training exercises by the Clearwater Fire & Rescue Department at the property located at 651 Court Street" Clearwater, Florida, except that neither the City of Clearwater nor its agents or employees shall be liable for any claim, loss, damage, cost, expense, or attorney's fees arising out of the training exercises that are attributable to any error, omission, or negligent act by Court Development Associates LLC & 7-Eleven Inc, including the officers, agents, and employees of the property owner(s). Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. CITY OF CLEARWATER, FLORIDA By: 4J~fS. ~:n: William B. Horne II City Manager RS/db