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OPERATOR. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. The introductory paragraph of Section 11.04 is amended and restated as follows: 11.04 Indemnification and Hold Harmless. To the fullest extent permitted by law, OPERATOR shall indemnify, defend (with counsel reasonably satisfactory to CITY), and hold harmless CITY and its affiliates and any of their respective elective and appointive boards, commissions, officers, agent, members, managers, representatives, shareholders, directors, partners, employees, successors and assigns, if any (collectively"Indemnitees") from and against any and all Claims. OPERATOR's obligation to defend and indemnify the Indemnitees shall apply even if the Claim was caused by the active and/or passive negligence or other misconduct of the Indemnitees. This Agreement shall not, however, obligate OPERATOR to indemnify any Indemnitee for any Claims arising from the sole negligence or willful misconduct of that Indemnitee. Nothing in OPERATOR's indemnity obligations shall be construed to negate, abridge or otherwise reduce any of CITY's other rights of indemnity which would otherwise exist. OPERATOR's obligation shall include Claims based on duties, obligations or liabilities imposed on the Indemnitees by Law and Claims based on theories of peculiar risks or non- delegable duty arising from conditions of the Facilities or Premises. OPERATOR's indemnification obligation hereunder shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the OPERATOR under any worker's compensation acts, disability benefits acts or other employee benefits acts. Payments by OPERATOR on behalf of the Indemnitees shall be in addition to any and all other legal remedies available to the Indemnitees and shall not be considered the Indemnitee's exclusive remedy. OPERATOR's obligations under this paragraph shall survive the expiration or any termination of this Agreement. Section 11.06 is amended and restated as follows: 11.06 Handling of Claims. OPERATOR shall be responsible for handling all Claims, demands, and lawsuits for any losses, damages, liability, and expenses (including, without limitation,personal injury and property damage Claims), whether or not such Claims are covered by the insurance required under this Article 11.0. Handling such Claims shall include, without limitation, responding to such Claims within 3 business days, investigating such Claims, retaining legal counsel to defend such Claims, settling such Claims, and paying any losses, damages, and expenses related to such Claims or overseeing the insurance carrier's activities in this regard. CITY shall have the right to approve any legal counsel retained by OPERATOR to defend the CITY. In the event of disagreement on legal counsel to be retained, CITY may designate legal counsel to be retained. OPERATOR shall use its best efforts to notify the CITY of any Claims or lawsuits relating to the Golf Course within three (3)days after OPERATOR receives notice of such Claims or lawsuits. Page 7 of 8