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9. Indemnification; Enforcement of Agreement. The Owner agrees to indemnify <br />City against all losses, claims, damages, liability and expenses, including without limitation <br />costs and investigation and legal counsel fees which may be incurred or imposed upon City <br />in connection with City's performance of its duties under this Agreement, including without <br />limitation any litigation or other non- judicial proceedings arising from this Agreement or the <br />subject matter thereof. <br />