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co4P1 <br /> AGREEMENT REGARDING THE PALOS VERDES HALF-MARATHON <br /> This agreement ("Agreement") is made and entered into this /) da of , <br /> y <br /> 2013, by and between the Kiwanis Club of Rolling Hills Estates (the "Kiwanis Club") and the <br /> City of Rancho Palos Verdes (the "City"). <br /> The parties hereto do mutually agree as follows: <br /> I. Terminology. <br /> a. "Half-Marathon" shall refer to the Palos Verdes Half-Marathon and 5K on <br /> November 16, 2013. <br /> b. "Participant" shall include anyone running or walking in the Palos Verdes Half- <br /> Marathon and 5K, and anyone cheering, encouraging, or otherwise partaking in the activities <br /> associated with, arising out of, or incident to the Half-Marathon and 5K. <br /> II. License for Use. The City grants permission for the Kiwanis Club and its officers, <br /> employees, volunteers, agents and Participants, to utilize the public property located on the map <br /> in Exhibit"A," which has been attached hereto and incorporated herein by this reference, on <br /> November 15, 2013 from_2:00_p.m. to November 16, 2013 2:00 p.m. for activities <br /> associated with or related to the Half-Marathon. Nothing in this Agreement shall be deemed to <br /> waive any permits, approvals, paperwork or fees required by the City. <br /> III. Damage. Upon written notice by the City, within ten(10) days of such notice, the <br /> Kiwanis Club will repair, restore or replace at its own cost, expense and risk any City property <br /> damaged, destroyed, or otherwise altered in any manner arising out of or incident to the Half- <br /> Marathon. <br /> IV. Indemnity. The Kiwanis Club shall defend, indemnify, and hold the City, its officials, <br /> officers, employees, agents and independent contractors serving in the role of City officials, and <br /> volunteers (collectively "Indemnitees") free and harmless from any and all claims, demands, <br /> causes of action, costs, expenses, liability, loss, damage or injury, in law or in equity, to property <br /> or persons, including wrongful death, in any manner arising out of or incident to the Half- <br /> Marathon, including without limitation the payment of all consequential damages and attorneys' <br /> fees and other related costs and expenses, except for such loss or damage arising from the sole <br /> negligence or willful misconduct of the City. With respect to any and all such aforementioned <br /> suits, actions, or other legal proceedings of any kind that may be brought or instituted against <br /> Indemnitees, the Kiwanis Club shall defend Indemnitees at the Kiwanis Club's own cost, <br /> expense and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered <br /> against Indemnitees. The Kiwanis Club shall reimburse the City, its officials, officers, <br /> employees, agents, independent contractors, and/or volunteers for any and all legal expenses and <br /> costs incurred by each of them in connection therewith or in enforcing the indemnity herein <br /> provided. The Kiwanis Club's obligation to indemnify shall not be restricted to insurance <br /> proceeds, if any, received by the Kiwanis Club, the City, its officials, officers, employees, <br /> agents, independent contractors, or volunteers. All duties of the Kiwanis Club under this section <br /> shall survive the termination of this Agreement. <br />