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AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND RENDEZVOUS IN MOSCOW, INC. FOR THE RENDEZVOUS IN THE PARK EVENT THIS AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY, between City of Moscow, Idaho (hereinafter "CITY") and the sponsor of the event, Rendezvous In Moscow, Inc., is made and entered into this 2 day of j l4t14}< ' 2013. WHEREAS, Resolution No. 2013-08 of the City of Moscow, Idaho passed and approved on the 17th day of June, 2013 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 Rendezvous In Moscow, agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; Rendezvous in Moscow, 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 Rendezvous In Moscow's own agents, officers, employees and representatives to which Rendezvous In Moscow might otherwise be immune, arising from the Rendezvous in the Park event scheduled to occur July 18-20, 2013, permitted under the terms of Resolution No. 2013-08, except for claims based upon the sole negligent, intentional acts of CITY. Rendezvous In Moscow 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 Rendezvous in Moscow or its officers, employees, agents and representatives including, but not limited to, the caterer and/or vendor of alcohol during the Rendezvous in the Park event. Inspection, review and/or acceptance by the City of any activity performed by or during Rendezvous In Moscow 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 AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (RENDEZVOUS 2013) PAGE I OF2 ---PAGE BREAK--- any of the covenants of defense, indemnification or hold harmless by Rendezvous In Moscow in behalf of CITY contained in this Agreement. SIGNED this :dO_ day of J '2013. RENDEZVOUS IN MOSCOW, INC. CITY OF MOSCOW, IDAHO / ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this '70 day of J U_ vJ..a. , 2013, before me, a Notary Public in and for said State, appeared aeu iii wet;:§ nown.Jo me to be the person named above and acknowledged that shee'Ztife'd ffig fi}r(1"i ng document as having been specifically authorized and having authority to bind Rendezvous in Moscow, c. to this Agreement. Notary Public for the Sta Idaho Residing at r My commission expires 53 { / q AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (RENDEZVOUS 2013) PAGE 20F 2