1
Ingalls
EXCUSED:
Any other New Business proper to come before the Committee.
3.
MOTION to authorize the Mayor to sign an “Indemnification and Hold Harmless
Agreement” between Heather L. Flack, Executor of the Estate of the late Jesse R. Wilcox,
Jr., and the Ledyard Historic District Commission for the removal of a mounted mill water
turbine located at 1009 Shewville Road, Ledyard, as presented in the draft dated November
2, 2022.
MOTION to recommend the Town Council authorize the Mayor to sign an
“Indemnification and Hold Harmless Agreement” between Heather L. Flack,
Executor of the Estate of the late Jesse R. Wilcox, Jr., and the Ledyard Historic
District Commission for the removal of a mounted mill water turbine located at 1009
Shewville Road, Ledyard, as presented in the draft dated November 2, 2022.
DRAFT: 10/31/2022 11/2/2022
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made this __________day of __________, October, 2022,
between the Heather L. Flack, Executor of the Estate of Jesse R. Wilcox, Jr., late of
1009 Shewville Road, Ledyard, Connecticut (hereinafter referred to as the "Owner"),
and the Ledyard Historic District Commission with its principal place of business
located at 741 Colonel Ledyard Highway, Ledyard, Connecticut (hereinafter referred
to as the "Contractor") for the removal of the mounted mill water turbine located at
1009 Shewville Road, Ledyard, Connecticut (hereinafter referred to as the
"Property").
WHEREAS, the Owner desires the removal of the mounted mill water turbine
located on the Property (hereinafter referred to as the "Work") and the Contractor is
willing to remove said turbine in exchange for the turbine.
THEREFORE, IT IS AGREED AS FOLLOWS:
To the fullest extent permitted by law, the Contractor each party (the Indemnifying
Party) shall indemnify and hold harmless the Owner, Owner's other party, other
party’s consultants, agents, and employees of any of them (the Indemnified Party)
from and against claims, damages, losses and expenses including but not limited to
attorney's fees, arising out of or resulting from performance of the Work, provided
that such claim, damage, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property (other than the Work
itself) including loss of use resulting therefore, but only to the extent caused in whole
or in part by negligent acts or omissions of the Contractor, Indemnifying Party
anyone directly or indirectly employed by them or anyone for whose acts they may be
liable, regardless of whether or not such claim, damage, loss or expense is caused in
part by a party indemnified hereunder.