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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1305 FRANKLIN ST (2)INDEMNIFICATION AGREEMENT This Agreement made and entered into this 29th day of December 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 Diocese of St. Petersburg located at 1305 Franklin St. Clearwater, Florida. Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Diocese of St. Petersburg property located at 1305 Franklin St. Clearwater, Florida during the calendar year 2015; Whereas, the Diocese of St. Petersburg desire(s) an Indemnification Agreement to ensure Diocese of St. Petersburg, the owner(s) of the property located at., 1305 Franklin St. Clearwater, 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 Diocese of St. Petersburg, including the officers, agents, and employees of Diocese of St. Petersburg; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Diocese of St. Petersburg, including all of the officers, agents, and employees of Diocese of St. Petersburg, 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 at the property located at 1305 Franklin St. Clearwater, 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 Diocese of St. Petersburg, including the officers, agents, and employees of the Diocese of St. Petersburg. 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 William B. Horne II City Manager By: A. proved as to for . Attest: Robert J t urette Assistant City Attorney RS/ Rosemarie CaII City Clerk