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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 10222 MCI DRIVE (2)INDEMNIFICATION AGREEMENT This Agreement made and entered into this 3rd day of January 2014, 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 Amsterdam Hospitality Group I/O Cushman and Wakefield of Florida located at 10222 MCI Drive, Pinellas Park, Florida. Whereas, the Clearwater Police Department's SWAT team and K9 Unit desires to engage in training exercises on the property of Amsterdam Hospitality Group I/O Cushman and Wakefield of Florida property located at 10222 MCI Drive, Pinellas Park, Florida during the calendar year 2014; Whereas, the Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida desire(s) an Indemnification Agreement to ensure Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida., the owner(s) of the property located at., 10222 MCI Drive Pinellas Park FI, 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 Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida., including the officers, agents, and employees. Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida., including all of the officers, agents, and employees of Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida, from any claim, Toss, 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 and /or the K9 Unit at the property located at 10222 MCI Drive Pinellas Park FI. 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 Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida, including the officers, agents, and employees of the Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. Approved as to form: Robert J rette Assistant City Attorney RS/ CITY OAF" CLEARWATER, FLORIDA By: ) E6 , -vu sz` William B. Horne II City Manager Attest: C Rosemarie Call City Clerk