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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 14885 AND 14843 63RD WAY NINDEMNIFICATION AGREEMENT This Agreement made and entered into this April 11, 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 Habitat For Humanity of Pinellas County, Inc located at 14885 and 14843 63rd Way North, Clearwater FL. Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Habitat For Humanity of Pinellas County, Inc property located at14885 and 14843 63rd Way North, Clearwater FL during the period of April 11 -Dec 30, 2017; Whereas, the Habitat For Humanity of Pinellas County, Inc desire(s) an Indemnification Agreement to ensure Habitat For Humanity of Pinellas County, Inc., the owner(s) of the property located at., Habitat For Humanity of Pinellas County, Inc, 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 Habitat For Humanity of Pinellas County, Inc, including the officers, agents, and employees. Habitat For Humanity of Pinellas County, Inc; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Habitat For Humanity of Pinellas County, Inc, including all of the officers, agents, and employees of Habitat For Humanity of Pinellas County, 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 at14885 and 14843 63rd Way North, Clearwater FL. 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 Habitat For Humanity of Pinellas County, Inc, including the officers, agents, and employees of the Habitat For Humanity of Pinellas County, Inc. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. A Robert J rette proved as to form: Assistant City Attorney RS/ CITY OF CLEARWATER, FLORIDA By: .l1�Jl . l 64544kt:a William B. Horne II City Manager Attest: Rosemarie CaII City Clerk