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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 201 ROGERS STREETINDEMNIFICATION AGREEMENT This Agreement is made and entered into this ? th day of March 2010, by and between the City of Clearwater and Pinellas County, a political subdivision of the State of Florida. Whereas, officers of the Clearwater Police Department desire to engage in training exercises periodically on the vacant property owned by Pinellas County and located at 201 Rogers Street, Clearwater, Florida, from April 5, 2010 through April 16, 2010; Whereas, Pinellas County requests an Indemnification Agreement to ensure that Pinellas County, the owner of the vacant property located at 201 Rogers Street, Clearwater, Florida, is protected from any claims arising out the actions of the City of Clearwater or its employees during the training exercises provided herein; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless and indemnify Pinellas County, including all its officers, agents, and employees, 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 claim from any act, error, omission, or negligent act by the City of Clearwater or its employees, during the performance of training exercises by Clearwater police officers at the property located at 201 Rogers Street, Clearwater, Florida, from April 5, 2010 through April 16, 2010, except that neither the City of Clearwater nor its 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 Pinellas County, including its officers, agents, and employees. 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:? William B. Horne II City Manager Approved as to form: 214A1xxA Robert . Surette Assistan City Attorney Attest: ? T