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200412247 In addition to the foregoing, the City shall, as and to the fullest extent permitted by law, indemnifv and save Heartland or anv of the officers, directors, emplovees and the Trustee with respect to any pecuniary liability arising from any act or omission of the City relating to the Citv's obligations with respect to the Construction Fund, the Bond Fund, the payment of any basic rent and the payment of any additional rent. Heartland shall indemnify and save the City and any of its officers, council members, employees and the Trustee harmless against and from all claims by and on behalf of any person or entity arising from Heartland's construction, acquisition and management of the Project including but not limited to: a. -\_zy breach or default on the part of Heartland in the performance of its obliga- tions under this Agreement and any related document. b. Any act, failure to act or negligence of Heartland or its officers, directors, employees, agents, contractors or licensees. C. Any accident, injury or death of any person or damage to any property occurring in or as a result of any condition of the Project prior to the expiration of the term of this Agreement or the termination of the management contract with Heartland, whichever occurs earlier. In addition to the foregoing, Heartland shall indemnify and save the City or any of its officers, directors, employees and the Trustee with respect to any pecuniary liability arising from any act or omission of Heartland relating to the Construction Fund or the Bond. The parties agree that indemnification by one party to the other means that the indemnitor shall indemnify and save the indemnities harmless from and against all costs and expenses incurred in or in connection with any covered claim or any action or proceeding brought thereon, and upon notice from the indemnities, the indemnitor shall defend the indemnities in any such action or proceeding. 16. PROPERTY INSURANCE. During the term of this Agreement, the City shall at its own expense insure the Project against loss or damage by fire and extended perils coverage in an amount not less than the full replacement value thereof, with such insurance to be under policies issued by responsible insurers authorized to do business in the State of Nebraska. The insurance policy shall name the City, Heartland and the Trustee as insured as their respective interests may appear. but so long as the City is not in default of this Agreement, any loss shall be adjusted by and paid to the City. Upon occurrence of any damage covered by the foregoing property insurance, the insur- ance proceeds shall be used to repair, replace or reconstruct the Project, as may be determined by the City. The parties agree that if the available proceeds of the property insurance are insuffi- cient to fully restore the Project to the condition existing prior to the loss, such insufficiency shall not constitute any default by Heartland and Heartland shall have no responsibility to pro- vide funds for restoration beyond the funds available from such insurance. Further, such insuffi- 13