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aforesaid harmless from any claim, demand, suit, action or <br /> • other proceeding whatsoever by any person or entity whatsoever <br /> arising or purportedly arising from this Agreement, or the <br /> transactions contemplated hereby or the acquisition, <br /> construction, installation, ownership, and operation of the <br /> Improvements, provided (1) that this indemnification shall not <br /> apply to the warranties made or obligations undertaken by the <br /> Authority in this Agreement and (2) that the claim or matter <br /> against which such indemnification is sought is based upon the <br /> acts of the Developer or others acting on its behalf or under <br /> its direction 'or control . <br /> (c) All covenants, stipulations, promises, agreements <br /> and obligations of the Authority contained herein shall be <br /> deemed to be the covenants, stipulations, promises, agreements <br /> and obligations of the Authority and not of any governing body <br /> member, officer, agent, servant or employee of the Authority. <br /> (d) This Agreement shall not create and shall not be <br /> construed to create any partnership, joint venture, agency or <br /> employment relationship between the Parties . <br /> • <br /> • <br /> 334455.4 4-3 <br />