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' 07=Dec-1994 <br />D R A F T T H R E E <br />the City's inability to perform contracted services because of the acts set <br />forth herein. <br />20.3- Ahenever the City has knowledge that any actual or potential force <br />majeure may delay or prevent performance. of this Agreement, City, on a timely <br />basis, shall notify Authority of the fact and, thereafter, shall report to <br />Authority all relevant information then known to City and shall continue to so <br />report. <br />20.4 The Authority shall retain the right to provide contracted service in the <br />event of inability of the City to provide such service. <br />21. INDEMNIFICATION <br />21.1 The City hereby assumes liability for and agrees to protect, hold <br />harmless and indemnify the. Authority, its successors, assigns, officers, <br />trustees, employees, agents and servants (herein the "Indemnified Parties") <br />from and against any and all .liabilities, obligations, losses, damages, <br />penalties, judgments, settlements, claims, actions, suits, proceedings, costs, <br />expenses and disbursements, including legal fees and expenses of whatever kind <br />and .nature, imposed on, incurred by or asserted against the Indemnified Parties <br />in any way relating to or arising out of any of the following or allegations or <br />charges of any of the following: the violation of any statute and any fines or <br />penalties resulting thereof; the willful or intentional tort of any officer, <br />director, employee or agent of the City; any act of discrimination by the City <br />against its transit personnel; to the extent not covered by Ohio Workers' <br />Compensation Laws, any claims made by Authority personnel against the City for <br />injuries incurred by Authority personnel while in the course and scope of their <br />employment with the Authority; any other action or claim not covered under the <br />-24- <br />