The applicant and provider shall defend, indemnify, and hold harmless the Town, its agents, officers, officials and employees from any and all damages, liabilities, injuries, losses, attorneys' fees, costs, and expenses, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the applicant or provider. In the event the Town becomes aware of any actions or claims, the Town shall promptly notify the applicant and provider and reasonably cooperate in the defense. It is expressly agreed that the Town shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the Town's defense, and the applicant and the provider, as applicable, shall reimburse the Town for any costs, expenses and attorneys' fees directly and necessarily incurred by the Town in the course of the defense. (Ord. 2019-002, 5-7-2019)