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AGREEMENT TO DEFEND, HOLD HARMLESS AND INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND BEER AND/OR WINE GARDEN SPONSOR DURINGVANDAL WNBLO KPAR1 2015 EVENT THIS AGREEMENT TO DEFEND, HOLD HARMLESS AND INDEMNIFY, between City of Moscow, Idaho (hereinafter "CITY") and the Beer and/or Wine Garden Sponsor, (hereinafter "SPONSOR"), is made and entered into this H day of SR.;it , 2015. WHEEAS, Resolution No. 2015-_Jj_ of the City of Moscow, Idaho passed and approved on the 'fl- day 2015 provides, in part, for the person(s) and or group holding the approved permitted Beer and/or Wine Garden during the Vandal Town Bock Party 2015 to enter into an agreement with CITY to defend, hold harmless and indemnify CITY, its agents, servants, employees, officers and contractors from any and all claims, causes of action, or damages which may arise from the sponsor's use of CITY premises for the approved permitted Beer and/or Wine Garden; and WHEREAS, this Agreement meets such requirement; NOW, THEREFORE, CITY and SPONSOR agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; SPONSOR, through its duly and specifically authorized agents, hereby releases CITY and agrees, contracts and covenants not to bring suit and agrees to defend, hold harmless, and indemnify CITY, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person, including claims by SPONSOR' s own agents, officers, employees and representatives to which SPONSOR might otherwise be immune, arising from the Beer and/or Wine Garden permitted during the Vandal Town Block Party 2015 event scheduled to occur September 25, 2015, from 5:00 p.m. until 11:00 _p.m. (which includes set-up and tear-down), permitted under the terms of Resolution No. 2015- except for claims based upon the sole negligent, intentional acts of CITY. SPONSOR expressly agrees that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including officers, employees, agents and representatives arising out of, related to, or caused by the presence, dispensing, sale, gift, or ingestion of alcohol by SPONSOR or its officers, employees, agents and representatives including, but not limited to, the caterer and/or vendor of alcohol during the Vandal Town Block Party 2015 event. Inspection, review and/or acceptance by CITY of any activity performed by or during Vandal Town Block Party 2015 or any activity or non-activity by CITY police officers or other officers, employees, agents or representatives of CITY shall not be grounds for avoidance of any of the AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY VANDAL TOWN BLOCK PARTY 2015 PAGE 1 OF2 5- \ Z.0 ---PAGE BREAK--- covenants of defense, indemnification or hold harmless by SPONSOR in behalf of CITY contained in this Agreement. SIGNED this--0 day of, 2015. SPONSOR STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) CITY OF MOSCOW, IDAHO -;Jl;--rv.fJ. ill Lambert, Mayor ATTEST: ACKNOWLEDGMENT On this [ l{'t'"'day of St+>_-fevrtbei 2015, before me, a Notary Public in and for said State, appearedPa./- GreevJie..l.J.. , known to me to be the person named above and acknowledged that she executed the foregoing document as having been specifically authorized and having authority to bind 'J?:,uc-eXS,, to this AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY VANDAL TowNBLOCK PARTY201 5 Notary Public for the State of Idaho Residing at Moscow / My commission expires -IQ. I g' PAGE20F2