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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 408, 416, 418 AND 420 JEFFORDS ST (2)INDEMNIFICATION AGREEMENT This Indemnification Agreement made and entered into this November 7, 2016, 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 Morton Plant Hospital Association, Inc., located at 408, 416, 418 and 420 Jeffords St., Clearwater, FL. and to supersede the previously executed Indemnification Agreement dated October 21, 2016. Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Morton Plant Hospital Association, Inc. located at 408, 416, 418 and 420 Jeffords St during Oct. 21 -Dec. 31, 2016; Whereas, Morton Plant Hospital Association, Inc. desire(s) an indemnification agreement to ensure Morton Plant Hospital Association, Inc., the owner(s) of the property located at., 408, 416, 418 and 420 Jeffords St , is /are protected from any claims arising out the actions of the City of Clearwater or its employees or agents during the training exercises, but only to the extent not caused by any negligent or intentional error, omission, or act by Morton Plant Hospital Association, Inc., including the officers, agents, and employees.; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Morton Plant Hospital Association, Inc., including all of the officers, agents, and employees of Morton Plant Hospital Association, 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 at the property located at 408, 416, 418 and 420 Jeffords St. 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 to the extent caused by any negligent or intentional error, omission, or act by Morton Plant Hospital Association, Inc., including the officers, agents, and employees of the Morton Plant Hospital Association, Inc. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. pr•ved s t• form: Robert J. rette Assistant City Attorney RS/ CITY OF CLEARWATER, FLORIDA By: Oat. B , William B. Horne II City Manager Attest: i,de.. at_ .a) cL kosemarie Call City Clerk