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05/E4/1998 09:03 84969E9 ACCENT REALTY • • " PAGE 03 IND MNIFICATION/HOLb HARMLESS For purposes of thi:. document "the Permit Holder or their Agent(s)" is understood to mean the ;.n!.',iviival(s) causing this driveway construction and/or driveway improvements. a. The Permit Holder and their Agent(s) shall indemnify, hold harmless and defend Dane county, its officers, agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or re;:ulting from the perfoimance of the work, provided that any such claim, damage, loss or expense' (1) is attributable to bodily injury, sickness, di:ease or death, or ,to `•injury to or destruction of tangible property (other than the work ,it.self) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Permit Holdee, the Permit Holder's Agent(s), anyone directly or indirectly employed by any of them or anyone for whose acts any of them ray be liable, regardless of whether or not it is caused in part by a party indemnifieA hereunder. b. In any and all claims against Dane County or any of its officers, agents or employees by any employee of the Permit Holder, the Permit Holder's Agent(s) , anyone directly or :_ndirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this contract shall not be limited in any way by any limitation on the amours'; or type of damages, compensation or benefits payable by or for the Per? " holder or the ?ermit Holder's Agent(s) under workmen's compensa :n acts, disability benefit acts or other employee benefit acts. c. The obligatiols of the Permit Holder or the Permit Holder's Agent(s) under this Ccntrac : shall not extend to the liability of an architect or engineer, hs agents or employees arising out of (1) the preparation or approval. :f naps, drawings, 3pinions, reports, surveys, change orders, designs c: specifications or (2) the giving of or the failure to give directions of instructions by an architect or engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. d. Dane CQ::nty shall not be liable to the Permit Holder or the Permit Holder 's gert(s) for damages or delays resulting from work by third parties c- by injunctions or other restraining orders obtained by third parties . ACKNOWLEDGEMENT OF INDEMNIFICATION g2t.4.477h. Signature fo the Permit Holder Witness Signature Title Da a Print Date • •