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AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND CHAMBER OF COMMERCE FOR THE OKTOBERFEST 2007 EVENT This agreement to defend, to hold harmless and to indemnify, between City of Moscow, Idaho (hereinafter "CITY") and the sponsor of the event, Chamber of Commerce (hereinafter "CHAMBER"), is made and entered into this day of October, 2007. WHEREAS, Resolution No. 2007-25 of the City of Moscow, Idaho passed and approved on the 15111 day of October, 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 CHAMBER agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; CHAMBER, 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 CHAMBER's own agents, officers, employees and representatives to which CHAMBER might otherwise be immune, arising from the Oktoberfest 2007 event scheduled to occur October 27, 2007, from 11:00 a.m. until 2:00 p.m., pem1itted under the terms of Resolution No. 2007-25, except for claims based upon the sole negligent, intentional acts of CITY. CHAMBER 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 CHAMBER or its officers, employees, agents and representatives including, but not limited to, the caterer and/or vendor of alcohol during the Oktoberfest 2007 event. Inspection, review and/or acceptance by the City of any actlV!ty performed by or during Oktoberfest 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 CHAMBER in behalf of CITY contained in this Agreement. AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (0KTOBERFEST 2007) PAGE 1 OF 2 2007-45 ---PAGE BREAK--- SIGNED day CHAMBER STATE OF IDAHO ) ) ss. COCNTY OF LATAH ) CITY OF MOSCOW, IDAHO ATTEST: ACKNOWLEDGMENT Notary Public for the State of Idaho Residing My cornrnissji;on;L:L AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (0KTOBERFEST 2007) PAGE20F2