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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 2855 GULF TO BAY BLVD INDEMNIFICATION AGREE.MENT This Agreement made and entered into this 28th day of January 2013, by the City of Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police Department's training exercises on the property of BVG Acquisitions, Inc. located at 2855 Gulf to Bay Blvd., Clearwater, Florida. Whereas, the Clearwater Police Department's SWAT team desires to engage In training exercises on the property of B Acquisitions Inc. property located at 2855 Gulf to Bay Blvd, Clearwater, Florida during January 30, 2013; Whereas, the 8 Acquisitions Inc. desire(s) an Indemnification Agreement to ensure that B Acquisitions Inc., the owner(s) of the property located at 2855 Gulf to Bay Blvd., Clearwater, Florida, is/are protected from any claims arising out 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 the BC Acquisitions Inc., including the officers, agents, and employees of BVG Acquisitions Inc.; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend B Acquisitions Inc., including all of the officers, agents, and employees of BVG Acquisitions Inc., 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 Police Department's SWAT team at the property located at 2855 Gulf to Bay Blvd., 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 BVG Acquisitions Inc., including the officers, agents, and employees of the BVG Acquisitions Inc. 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 S. Home 11 City Manager Approved as to form* Attest- J:k, tiv Robert JJIS rafts Rosemarie C0 Assistant City Attorney City Clerk RS/