James <[email protected]> writes: > To the fullest extent permitted by law, you shall indemnify and save > harmless The City, from any claim, loss, damage, injury or liability of any > kind, nature and description (including, without limitation, incidental and > consequential damages, court costs, attorney’s fees and costs of > investigation), that arise directly or indirectly, in whole or in part, > from your use of the Data, including without limitation your use of the > Data in a Derivative Work. In addition to your obligation to indemnify The > City, you specifically acknowledge and agree that you have an immediate and > independent obligation to defend The City from any claim which actually or > potentially falls within this indemnification provision, even if the > allegations are or may be groundless, false or fraudulent, which obligation > arises at the time such claim is tendered to you by The City and continues > at all times thereafter. THE CITY IS NOT RESPONSIBLE FOR ANY LIABILITY FOR > ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING > FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, PRODUCTS OR > SERVICES PROVIDED BY THIS SITE.
I agree that an indemnification clause is totally unacceptable. Until that's fixed, the rest of the discussion is just an excuse for nerds to argue :-)
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