§ 4. Indemnification.

The company shall defend, indemnify and save the city, its officials and employees harmless from and against any and all claims, liabilities, losses, actions, damages and causes of action, including reasonable attorney's fees, and will, on account of and on behalf of the city, defend any and all claims, actions, demands and suits which may arise out of the company's activities under this contract whether in contract or in tort, in law or in equity, including all other acts or omissions to act on the part of the company, including any employee acting on the company's behalf.

The company shall pay all claims and losses of any nature whatsoever in connection with its activities, operations and uses under this contract and shall defend all suits in the name of the city, its officials and/or employees and shall pay all costs and judgments which may issue thereon except those which arise from any intentional torts or acts which arise out of reckless, malicious or willful acts on the part of the city and not within the control of the company. The limit of this indemnity by the company shall be one million dollars ($1,000,000.00) per claim.