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8F Consent 2009 0518
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8F Consent 2009 0518
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5/15/2009 10:48:02 AM
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5/15/2009 10:48:00 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/18/2009
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_CC Agenda 2009 0518
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\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0518
Reso 2009-067
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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and attorneys) and other Employers harmless from and against any claims, <br />demands, loss, costs, expense or liability imposed on the indemnified party, <br />including reasonable attorneys' fees and costs incurred by the indemnified party, <br />arising as a result of Employer's active or passive negligent act or omission or <br />willful misconduct in the execution or performance of its duties under this Trust <br />Agreement. <br />6.5 Indemnification of Employer by Trustee <br />The Employer shall not be liable for, and Trustee shall (to the extent allowed by <br />the laws of the state of each Employer) indemnify, defend (asset out in 6.8 of this <br />Trust Agreement), and hold the Employer (including its officers, agents, <br />employees and attomeys) and other Employers harmless from and against any <br />claims, demands, loss, costs, expense or liability imposed on the indemnified <br />party, including reasonable attorneys' fees and costs incurred by the indemnified <br />party, arising as a result of Trustee's active or passive negligent act or omission or <br />willful misconduct in the execution or performance of its duties under this Trust <br />Agreement. <br />5.6 Indemnification of Trustee by Trust Administrator <br />The Trustee shall not be liable for, and Trust Administrator shall (to the extent <br />allowed by the laws of the state of each Employer) indemnify and hold the <br />Trustee (including its officers, agents, employees and attorneys) harmless from <br />and against any claims, demands, loss, costs, expense or liability imposed on the <br />indemnified party, including reasonable attorneys' fees and costs incurred by the <br />indemnified party, arising as a result of Trust Administrator's active or passive <br />negligent act or omission or willful misconduct in the execution or performance <br />of its duties under this Trust Agreement. <br />6.7 Indemnification of Trust Administrator by Trustee <br />The Trust Administrator shall not be liable for, and Trustee shall (to the extent <br />allowed by the laws of the state of each Employer) indemnify and hold the Trust <br />Administrator (including its officers, agents, employees and attomeys) harmless <br />from and against any claims, demands, loss, costs, expense or liability imposed on <br />the indemnified party, including reasonable attorneys' fees and costs incurred by <br />the indemnified party, arising as a result of Trustee's active or passive negligent <br />act or omission or willful misconduct in the execution or performance of its duties <br />under this Trust Agreement. <br />6.8 Indemnification Procedures <br />Promptly after receipt by an indemnified party of notice or receipt of a claim or <br />the commencement of any action for which indemnification may be sought, the <br />indemnified party will notify the indemnifying party in writing of the receipt or <br />commencement thereof. When the indemnifying party has agreed to provide a <br />defense as set out above that party shall assume the defense of such action <br />18 <br />NB 1:657] 92.8 <br />
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