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AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND CREDENDA/ AGENDA MAGAZINE TRINITY FEST 2007 This agreement to defend, to hold harmless and to indemnify, between City of Moscow, Idaho (hereinafter "CITY") and the sponsor of the event, CHRIST/PeRCH ASSOCIATION (hereinafter "CHRIST CHURCH"), is made and entered into this day of July, 2007. WHEREAS, Resolution No. 2007-12 of the City of Moscow, Idaho passed and approved on the 2"d day of July, 2007 provides, in part, for the person(s) and or group holding the approved event 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 park premises for the approved event; and WHEREAS, this Agreement meets such requirement; NOW, THEREFORE, CITY and CHRIST CHURCH for Credenda!Agenda Magazine, Trinity Fest 2007 agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; Trinity Fest 2007, through its duly and specifically authorized agent, CHRIST CHURCH, 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 Trinity Fest 2007's own agents, officers, employees and representatives to which Trinity Fest 2007 might otherwise be immune, arising from the Trinity Fest 2007 event scheduled to occur July 28, 2007, permitted under the terms of Resolution No. 2007-12, except for claims based upon the sole negligent, intentional acts of CITY. CHRIST CHURCH 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 Trinity Fest 2007 or its officers, employees, agents and representatives including, but not limited to, the caterer and/or vendor of alcohol during the Trinity Fest 2007 event. Inspection, review and/or acceptance by the City of any activity performed by or during Trinity Fest 2007 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 covenants of defense, indemnification or hold harmless by CHRIST CHURCH in behalf of CITY contained in this Agreement. AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (TRINITY FEST 2007) PAGE 1 OF 2 2007-22 ---PAGE BREAK--- SIGNED this$, ' CHRIST CHURCH ASSOCIATION CITY OF MOSCOW, IDAHO STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT On this \ day of 2:JLA \ , 2007, before me, a Notary Public in and for said State, appeared Ga'oii-cl , known to me to be the person named above and acknowledged that he executed the foregoing document as having been specifically authorized and having authority to bind CHRIST HURCH ASSOCIATION to this Agreement. ublic for the State of!daho Residing at VY\ctx My commission expires I y- Z.o 1 Agreement/HoldHarmle>s.T rinityfest2007 !pm AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (TRINITY FEST 2007) PAGE2 OF 2 ---PAGE BREAK--- ACORO. CERTIFICA OF LIABILITY INSURAN E I 0/lTE (MM/00/Y'iYYJ 04/04/2007 FFCOUCFR (208) 743-9426 Sattler Insurance Agency 1504 8th St. Lewiston, ID &3S0l Ashley StephenS; FAX (208)748-9433 ra:,-a;-ca'!to ·np-re-ss - - # PO Box 8741 Moscow, ID 83843-2944 COVERAGES CERTifiCATEN'" f'IF" City of Moscow PO Box 9203 Moscow, ID 83&43 ACORD 25 (2001108) I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOlDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I ALTER THE COVRAGE AFFORDED BY THE POLICIES BELOW. - · · - · . . Oilc ,c _ _ # _ - - i t; - - S'1J;kDANY Of .'Hf: Ai'SO'IE DESCRIBED BE CANCELED BEP.Q"{E TC.,E EX:PIM TiCN DATE ¥HEREOF, THE !SSV!tW IN$U\ER NILL ENOEA VOR TO MAll -1Q_ OA YS 'MITTEI-J NOTICE TO THE CERT-F!CA TE HOBPS:R NAMtO TO THE LEFT BJTfAiLURE 10 Mi\!L Sl..CH IW7lCE SHALi.lfilPOSE NO OBL:C:.A"!ION OR LIAB!...iTY OF At-;'!Kf.te'S- James Sattle•, CPCU (fJACORO CORPORA. liON 19SJ8 This fax wos sent w·h Satt!er insurance fox server