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AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND BUCER'S FOR THE STREET CONCERT BUCER'S 2015 EVENT THIS AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY, between City of Moscow, Idaho (hereinafter "CITY") and the sponsor of the event, Bucer's (hereinafter "SPONSOR"), is made and entered into this day of M CUA , 2015. I WHEREAS, Resolution No. 2015-10 of the City of Moscow, Idaho passed and approved on the 41h day of May, 2015 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 premises for the approved event; 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 Street Concert Bucer's 2015 event scheduled to occur May 15, 2015, from 6:00 p.m. until 10:00 p.m., permitted under the terms of Resolution No. 2015-10, 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 Street Concert Bucer's 2015 event. Inspection, review and/or acceptance by CITY of any activity performed by or during Street Concert Bucer's 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 covenants of defense, indemnification or hold harmless by SPONSOR in behalf of CITY contained in this Agreement. AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (STREET CONCERT BUCER'S 2015) PAGE 1 OF2 ---PAGE BREAK--- SPONSOR STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) CITY OF MOSCOW, IDAHO ACKNOWLEDGMENT On this {fl-I"- day of t!VJ°;ij , 2015, before me, a Notary Public in and for said State, appeared ' :Pa+ Grtiifh St known to me to be the person named above and acknowledged that he/she executed the foregoing document as having been specifically authorized and having authority to bind :Rue.ex ' to this Agreement. Agreement/HoldHannless;_Bucer's2015/pm Notary Public for the State ofldaho Residing at Mo &Cg) k) . My commission expires - IL/. I AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (STREET CONCERT BUCER'S 2015) PAGE20F2