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3.08 Hold Harmless
<br />The Participant hereby shall hold the Agency, its elective and appointive boards, commissions,
<br />officers, agents and employees harmless from and against any or all loss, liability, expense, claim, costs,
<br />suits, damages of every kind, nature and description directly or indirectly arising from the performance of
<br />the obligations or undertakings of the Project by the Participant. The Participant shall defend the Agency
<br />and its elective and appointive boards, commissions, officers, agents and employees from any suits or
<br />actions at law or in equity for damages caused or alleged to have been caused, by reason of any of the
<br />obligations or undertakings of the Project by the Participant. It is further provided:
<br />A. That the Agency does not, and shall not, waive any rights against the Participant
<br />which it may have by reason of this hold harmless agreement because of the acceptance by the Agency,
<br />or the deposit with the Agency by the Participant, of any of the insurance policies described herein.
<br />B. That this hold harmless agreement shall apply to all damages and claims for
<br />damages of every kind suffered, or alleged to have been suffered, by reason of any of the obligations or
<br />undertakings of the Project by the Participant, whether or not such insurance policies shall have been
<br />determined to be applicable to any of such damages or claims for damages.
<br />3.09 Insurance
<br />The Participant shall obtain, and shall file with the Agency, certificates of insurance evidencing
<br />public liability coverage in such amounts and including such endorsements as specified by the Agency
<br />and naming the Agency, its officers, agents and employees as additional insured. The filing" shall be
<br />accomplished by the Participant prior to the issuance of any permits by the Agency or the City for the
<br />Project. The certificates shall comply with the amount and endorsements in Exhibit E, attached to this
<br />Agreement and incorporated herein. The Agency or representative of the Agency shall not authorize the
<br />issuance of any permits for the Improvements unless and until the insurance coverages provided in this
<br />Section are approved by the Agency.
<br />ARTICLE FOUR GENERAL CONDITIONS
<br />4.01 Binding Effect
<br />This Agreement shall be binding upon the Agency and the Participant and upon their respective
<br />heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every
<br />reference in this Agreement to a party shall also be deemed to be a reference to the authorized officers,
<br />employees, agents, and representatives of such party.
<br />4.02 No Collusion
<br />The Participant hereby represents that the only persons, firms, or corporations interested in this
<br />Agreement as principals are those disclosed to the Agency prior to the execution of this Agreement, and
<br />that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it
<br />shall be found that the Participant has, in procuring this Agreement, colluded with any other person, firm,
<br />or corporation, then the Participant shall be liable to the Agency for all loss or damage that the Agency
<br />may suffer thereby, and this Agreement shall, at the Agency's option, be null and void.
<br />4.03 Confidential Information
<br />All information supplied by the Agency to the Participant for or in connection with this Agreement
<br />or the Project shall be held confidential by the Participant and shall not, without the prior express written
<br />consent of the Agency, be used for any purpose other than performance of the Project; provided,
<br />however, that the foregoing obligation of the Participant shall not apply to information that is (a) available
<br />to the public other than by breach of this Agreement by the Participant, (b) lawfully received by the
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