The property owner shall be obligated to indemnify, hold harmless
and defend the Township and the Lower Moreland Township Authority
and all officers, public officials, solicitors, engineers, employees
and agents of the Authority or Township from any claims, suits, fines,
remedial expenses, damages, legal expenses or judgments indirectly
and directly related to the grinder pump and associated facilities,
or to the design, construction, operation, maintenance, repair or
replacement of the grinder pump or any associated facilities. The
property owner shall reimburse the Township and Authority for any
expenses it may incur, including legal fees, engineering fees and
expert witness fees. In the event the property owner shall fail to
pay the costs, legal fees, other expenses, damages or judgment as
herein provided, the Township and Authority shall have the right to
recover such sums by all legal means, including by placing a municipal
lien on the property. The Township and the Authority and any person
or entity entitled to a defense or indemnity under this article shall
also be entitled to collect from property owner all costs and expenses
(including all attorney's fees and other litigation costs) incurred
in taking any action to enforce the property owner's duty to
defend or duty to reimburse costs or duty to hold harmless. The indemnity,
defense and hold harmless obligations of the property owner under
this article shall include and extend to all loss, injury or damage
even if such is attributable in part, but not exclusively to, the
fault, failure or negligence of the Authority or the Township or any
officer, public official, solicitor, engineer, agents or employees
of either the Authority or the Township. The indemnity, defense and
hold harmless obligations of property owner under this agreement apply
to, and include, claims made by, and injuries to, employees of property
owner.
