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Arts Department 206 East 3rd Street Moscow, Idaho, 83843 Tel: (208) 883-7036 Fax: (208) 883-0737 Email: [EMAIL REDACTED] OVERSIZE CHESS SET LOAN AGREEMENT THIS OVERSIZE CHESS SET LOAN AGREEMENT (hereinafter "Agreement") is entered into this 11 day of April, 2016, by and between the University of Idaho Chess Club (hereinafter "Club"), and City of Moscow, Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"). NOW, THEREFORE, Club and City hereby agree as follows: SECTION 1: LOAN CONTENTS. The contents of the loan will consist of full Oversize Chess Set (hereafter "Chess Set"). SECTION 2: PERIOD OF LOAN. The Chess Set will be used during the Moscow Renaissance Fair 2016 between April 30, 2016 and May 1, 2016. The Chess Set shall remain in the possession of Club for the time specified in this Agreement. SECTION 3: DISPLAY AND SECURITY OF CHESS SET. Objects for public use must be properly, securely, and safely displayed. Club will be responsible for the security, protection and preservation of the Chess Set. The Club will exercise its best efforts to protect and preserve each piece of Chess Set loaned. City certifies Chess Set is suitable for outdoor exhibition and Chess Set is able to withstand effects of weather with minimum maintenance. If any item of Chess Set is damaged or harmed, Club will immediately notify City. Under no circumstances will Club attempt to repair damaged pieces, unless specifically instructed by City. SECTION 4: VALUE. City values Chess Set in entirety at five hundred seventy nine dollars ($579). If Chess Set is damaged during loan period, Club will pay replacement value for all damages to Chess Set , up to five hundred seventy nine dollars ($579). SECTION 5: INDEMNIFICATION. The Club agrees to defend, indemnify, and hold harmless City and its officials, agents, and employees from and against any and all loss of or damage to property or injuries or death of any person, and from any and all claims, costs, damages, lawsuits, causes of action, judgments, suits, or proceeding of any kind brought against said parties for or as a result of any matter arising out of City's loan of Chess Set to the Club, except for liability arising out of the sole negligence of City or its officials, agents, and employees. SECTION 6: JURISDICTION AND VENUE. It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. LOAN AGREEMENT - U OF I CHESS CLUB AND CITY PAGE 1 OF2 ---PAGE BREAK--- SECTION 7: ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements and understandings, oral or written, whether prior to or contemporaneous with this Agreement. This Agreement and all rights herein may not be assigned without written consent of the other Party. Any changes to this Agreement will be in writing, signed by both Parties. SECTION 8: COMMUNICATION BETWEEN PARTIES. City and Club hereby designate their authorized representatives to act on their behalf with respect to the services and responsibilities under this Agreement. In the event any changes are made to the authorized representatives or other information listed below, City and Club agree to furnish each other timely, written notice of such changes. The following designated representatives are authorized to make decisions regarding this Agreement on behalf of their respective parties. For City: Name: Kathleen Burns, Arts Director Address: P 0 Box 9203 Moscow, ID 83843 E-mail Address: [EMAIL REDACTED] For University of Idaho: Adviser for University of Idaho Chess Club Matt Bauer E-mail Address: [EMAIL REDACTED] Club Advisor Telephone: (208) 883-7036 Facsimile: (208) 883-7018 Telephone: (208) 885-2065 City of Moscow, Idaho ACKNOWLEDGMENT STATE OF IDAHO ) ) ss: COUNTY OF LATAH ) On this J1- day of iAp(\: \ , 2016, before me, a Notary Public in and for said State, appeared Matt Bauer, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative for University of Idaho Chess Club. SC..tt 111,. 0 J 8 , R · • - :of =OT>J- \ z: . : = ; \