HomeMy WebLinkAboutItem 3 - Attch 4 - Indemnification Agreement
INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of __________________,
20____, (Effective Date) among the City of Chula Vista, a charter municipal corporation of the
State of California (City), and ________________________________________ (Vendor).
I. HOLD HARMLESS, INDEMNITY AND DEFENSE
Vendor, for performing Food Truck Services (Services) within the City, does hereby
agree, to the maximum extent allowed by law, to protect, defend, indemnify and hold harmless
City, its elected and appointed officers, agents, employees and volunteers (collectively,
t costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of
or incident to any alleged acts, omissions, negligence, or willful misconduct of Vendor, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the
performance of the Services or this agreement. This indemnity provision does not include any
claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with,
caused by or claimed to be caused by the active or passive negligent acts or omissions of the
Indemnified Parties which may be in combination with the active or passive negligent acts or
omissions of the Vendor, its employees, agents or officers, or any third party.
II. COSTS OF DEFENSE AND AWARD
Vendor acknowledges and agrees that it
own cost, expense and risk, any and all suits, actions or other legal proceedings that may be
brought or instituted against one or more of the Indemnified Parties. Vendor further
acknowledges and agrees that Vendor shall pay and satisfy any judgment, award or decree that
may be rendered against one or more of the Indemnified Parties for any and all related legal
expenses and costs incurred by any of them.
III. VENDOR OBLIGATIONS NOT LIMITED OR MODIFIED
Vendor acknowledges and agrees that Vendor shall not be limited to insurance proceeds,
if any, received by the Indemnified Parties, or by any prior or subsequent declaration by Vendor.
Vendor further acknowledges and agrees that Vendor shall in no way limit, modify or excuse any
of Vendoragreement.
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IV. ENFORCEMENT COSTS
Vendor acknowledges and agrees to pay any and all costs City incurs in enforcing
V. SURVIVAL
Vendor acknowledges and agrees that V
termination of this agreement.
IN WITNESS WHEREOF, by executing this agreement where indicated below, City
and Vendor, for valuable consideration, agree that they have read and understood all terms and
conditions of the agreement, that they fully agree and consent to be bound by the same, and that
they are freely entering into this agreement as of the Effective Date.
VENDOR CITY OF CHULA VISTA
By: _______________________________ By: ______________________________
Signature \[Insert City Signatory\]
_______________________________
Approved as to Form
Print Signatory Name
_______________________________ By: _______________________________
Print Signatory Title Glen R. Googins, City Attorney
_______________________________
Print Signatory Telephone Number
_______________________________
Print Signatory Email Address
______________________________
______________________________
______________________________
______________________________
Print Signatory Address
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