92-26 First Amendment to Redevelopment Agreement - Revised 3.3.26.pdf

5 4932-5755-6367, v. 1 Redeveloper which directly relate to Redeveloper’s activities as permitted under this Agreement, including but not limited to any and all claims by workers, employees and agents of the Redeveloper and unrelated third parties, which claims arise from the Redeveloper’s activities as permitted under this Agreement. It is mutually agreed by Redeveloper and the Township that neither the Township, nor its Mayor, Council members, officers, agents, servants, attorneys or employees shall be liable in any event for any action performed under this Agreement, and that Redeveloper will indemnify the Township, its Mayor, Council members, officers, agents, servants, attorneys and employees and hold them harmless from any claim or suit in connection with the Redeveloper’s obligations under this Agreement, except for any claim or suit alleging bodily injury (including death) or property damage to the extent that said claim arises out of the acts or omissions of the Township. The Redeveloper, at its own cost and expense, shall defend any and all such claims, suits and actions which may be brought or asserted against the Township, its Mayor, Council members, officers, agents, servants or employees; but this provision shall not be deemed to relieve any insurance company which has issued a policy of insurance as may be provided for in this Agreement from its obligation to defend Redeveloper, the Township and any other insured named in such policy of insurance in connection with claims, suits or actions covered by such policy. Any cost for reasonable attorneys’ fees in situations where it is necessary for the Township to engage its own attorneys, experts’ testimony, and all costs to defend the Township or its Mayor and Council members, officers, agents, servants, or employees shall be reimbursed to it by the Redeveloper in connection with such indemnification claim.