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20110693� 2 0041��47 fn sddition to che foregoin�, the City shall, as :ind to che fullest estent permicted by Iaw, �ndemniiy �nd save Ei�artland ur any ui �he otficers, directors. zmployees and the Trustee with ,espect to any pecuniary liabiiity :uisin� trom any act �r omission of the City relatin; co the City's ubligations with respect to the Construction Fund, �he Bond Fund, the payment of any basic rent and the paymen� of any additional rent. Eieartland shall indemnitjr �nd save che Gity and any of its ot�icers, council members, zmployees and the Trustee harmless against and from ail claims by and on behalf ut any person or �nuty arising from Heartland's construction, acquisirion and management of the Project including but not limited to: a. :�ny breach or default on che part of Heartland in che performance oi its obliga- tions under this �greement and any related document. b. Any act, failure to act or negligence of Heartland or its officers, directors, zmployees, agents, contractors or licensees. c. riny accident, injury or death of any person or dama�e to any property occurring in or. as a result of any condition of the Project prior to the expiration of the term of zhis �greement or the tzrmination 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 I'rustee with respect to any pecuniary liability arising from any act or omission of Heartland relating ta the Construction Fund or the Band. The parties agree that indemnification by one parly to the other means that the indemnitor shall indemnify and save the indemnities harmless Srom and against ali 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, th� indemnitor shall defend the indemnities in any such action or proceeding. 16. PROPERTY INSURr1,►YCE. During the term of ttus Agreemeat, the City shall at its own expense insure the Project against loss or damage by fire and extended perils coverage in au amount not less than the full replacement value thereof, with such insurance to be under policies issued by responsible insurers authorized to da business in the State of �lebraska. The insurance policy shall name the City, Heartland and the T'rustee as insured as their respecrive interests may appear, but so lon� as the City is not in default of this :��eement, any loss shall be adjusted by and paid ta the City. CJpon occurrence of any dama�e covered by the fore�oin� 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 a�ree that if che available proceeds of che property insurance are insuffi- cient to fully restore the Project to the conditian esisting prior to the loss, such insufficiency shall not constitute :uiy defauIt by EIeartland and �Ieartland shall have no responsibiIity to pro- vide funds for restoration beyond che funds availabte from such insurance. Further, such insu�- 13