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. ?n< <br />SECTION 11. INDEMNIFICATION <br />11.1 The CONTRACTOR hereby agrees to indemnify and hold the CITY <br />harmless from and against any and a11 losses, damages, settlements, costs, charges, or <br />other expenses or liabilities of every kind and character arising out of or relating to any <br />and a11 claims, liens, demands, obligations, actions, proceedings, or causes of action of <br />every kind and character arising aut of the acts, omissions and/or negligence of the <br />CONTRACTOR, its employees, subcontractors, materialmen, agents or others acting in <br />concert with the CONTRACTOR. <br />ARTICLE 12. MISCELLANEOUS <br />12.1 Nothing contained in this Agreement sha11 be construed as creating any <br />personalliability on the part of any employee or official of the CITY. <br />12.2 Terms used in this Agreement which are defined in Article I of the General <br />Conditions have the meanings indicated in the General Conditions. <br />12.3 No assignment by a party hereto of any rights, obligations, or interests in this <br />Agreement sha11 be permitted without the prior written consent of the other party; <br />and specifically, but without limitation, moneys that may become due and moneys <br />that are due may not be assigned without such consent (except to the extent that the <br />effect of this restriction may be limited by law), and unless specifically stated to the <br />contrary in any written consent to an assignment, no assignment will release or <br />discharge the assignor from any duty or responsibility under the Agreement. <br />12.4 OWNER and CONTRACTOR each binds itself, its partners, successors, <br />assigns and legal representatives to a11 of the covenants, agreements and obligations <br />contained in the Agreement. <br />12.5 If any provision of this Agreement or the application thereof to any person <br />7 <br />