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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 31975 US HWY 19 NINDEMNIFICATION AGREEMENT This Agreement made and entered into this March 28, 2019, 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 PV-PHAT, L.L.C. located at 31975 US Highway 19 N Whereas, the Clearwater Police Department desires to engage in training exercises on the property of PV-PHAT, L.L.C. property located at 31975 US Highway 19 N during the calendar year 2019; Whereas, the PV-PHAT, L.L.C. desire(s) an Indemnification Agreement to ensure PV-PHAT, L.L.C.., the owner(s) of the property located at., PV-PHAT, L.L.C., 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 PV-PHAT, L.L.C., including the officers, agents, and employees. PV-PHAT, L.L.C.; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend PV-PHAT, L.L.C., including all of the officers, agents, and employees of PV-PHAT, L.L.C., 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, ohttps://www.citiprivatepass.com/landing/lionel_richie.htmlr 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 31975 US Highway 19 N . 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 PV-PHAT, L.L.C., including the officers, agents, and employees of the PV-PHAT, L.L.C.. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. Assistant City Attorney RS/ CITY OF CLEARWATER, FLORIDA By: Attest: id:Alg4t-....-43 )444,4g)--ir, William B. Horne II City Manager WAWA—. WA. Rosemarie Call City Clerk