Smyrna IGA for Antenna 5.1.2026 edits
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8 consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses, penalties, fines, regulatory penalties and liability of any kind whatsoever, including but not limited to attorney’s fees, costs of defense, and settlements (“Liabilities”), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by City’s Service Provider, any subcontractor, anyone directly or indirectly employed by City’s Service Provider or subcontractor or anyone for whose acts City’s Service Provider or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. City’s Service Provider shall advance defense costs promptly upon request, with final reimbursement and adjustments upon resolutions. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of City’s Service Provider, its subcontractor, anyone directly or indirectly employed by City’s Service Provider or subcontractor or anyone for whose acts City’s Service Provider or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for City’s Service Provider or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. Indemnification obligations shall survive the termination and/or expiration of this Agreement. (b)Risk of Loss. City’s Service Provider acknowledges and agrees that City’s Service Provider bears all risks of loss, damage, relocation, or replacement of its City’s Service Provider Hardware and materials installed on County Property pursuant to this Agreement from any cause, and County shall not be liable for any cost of replacement or of repair to damaged City’s Service Provider Hardware, including, without limitation, damage caused by County’s removal of the City’s Service Provider Hardware. SECTION 8. INSURANCE REQUIREMENTS. As a Contractor, City’s Service Provider shall comply with Exhibit “A-2” Insurance Requirements, attached and incorporated herein. SECTION 9. NOTICES. Notices required by this Agreement may be given by overnight courier or certified mail, postage prepaid. Either Party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered to the address set forth below: (a) To County: Cobb County Manager 100 Cherokee Street Marietta, Georgia 30090 With a copy to: Cobb County Water System Director 660 South Cobb Drive Marietta, Georgia 30060 Emergency Phone Number: <<<>>> (b) To City’s Service Provider: __________________________ __________________________