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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 3400 GULF TO BAY BLVDINDEMNIFICATION AGREEMENT This Agreement made and entered into this April 4, 2017, 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 Drs Kiran and Pallavi Patel Family Foundation located at 3400 Gulf to Bay Blvd. Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Drs Kiran and Pallavi Patel Family Foundation property located at 3400 Gulf to Bay Blvd during the calendar year 2017; Whereas, the Drs Kiran and Pallavi Patel Family Foundation desire(s) an Indemnification Agreement to ensure Drs Kiran and Pallavi Patel Family Foundation., the owner(s) of the property located at., Drs Kiran and Pallavi Patel Family Foundation, 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 Drs Kiran and Pallavi Patel Family Foundation, including the officers, agents, and employees. Drs Kiran and Pallavi Patel Family Foundation; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Drs Kiran and Pallavi Patel Family Foundation, including all of the officers, agents, and employees of Drs Kiran and Pallavi Patel Family Foundation, 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 3400 Gulf to Bay Blvd. 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 Drs Kiran and Pallavi Patel Family Foundation, including the officers, agents, and employees of the Drs Kiran and Pallavi Patel Family Foundation. 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,,F/LORIDA By: William B. Horne 11 City Manager proved as to form: Attest: bixQ2u., L`a to Rosemarie Call Assistant City Attorney City Clerk RS/