In the event a person does discharge excessive amounts of pollutants in violation of the discharge permit, said person shall agree to indemnify and hold the City harmless against and from any and all loss, damage, claims, demands, actions, causes of action, penalties, judgments, costs, and expenses of whatsoever nature which may result from injury to or death of persons whomsoever, or from loss or destruction of or damage to property whatsoever, or results in the City being in violation of state or federal regulatory agency requirements, when such violation, injury, death, loss, destruction, or damage arises in any way in connection with or incident to a person depositing amounts of industrial waste in excess of those permitted in the discharge permit into the City's sanitary sewers. It must be proved, on an individual case basis, that a person's depositing of excessive amounts of pollutants, on a daily basis, was in fact the cause of a violation, injury, death, loss, destruction, or damage, and that the excessive discharge was not due to force majeure.