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AGREEMENT REGARDING THE PALOS VERDES HALF-MARATHON <br /> This agreement("Agreement") is made and entered into this 30th day of October, 2015, <br /> by and between Mountain Sports International, Inc. ("MSI")and the City of Rancho Palos <br /> Verdes(the"City"). <br /> The parties hereto do mutually agree as follows: <br /> I. Terminology. <br /> a. "Half-Marathon" shall refer to the LaceUp Running Series Palos Verdes(also <br /> known as the Palos Verdes Half-Marathon, 10K and 5K)on November 14,2015. <br /> b. "Participant" shall include anyone running or walking in the Half-Marathon,and <br /> anyone cheering,encouraging, or otherwise partaking in the activities associated with,arising <br /> out of, or incident to the Half-Marathon. <br /> II. License for Use. The City grants permission for MSI and its officers, employees, <br /> volunteers, agents and Participants,to utilize the public property located on the map in Exhibit <br /> "A,"which has been attached hereto and incorporated herein by this reference,on November 13, <br /> 2015 from_12:00_p.m.to November 14,2015 3:00 p.m. for activities associated with or <br /> related to the Half-Marathon. Nothing in this Agreement shall be deemed to waive any permits, <br /> approvals,paperwork or fees required by the City. <br /> III. Damage. Upon written notice by the City,within ten(10)days of such notice,MSI will <br /> repair,restore or replace at its own cost,expense and risk any City property damaged,destroyed, <br /> or otherwise altered in any manner arising out of or incident to the Half-Marathon. <br /> IV. Indemnity. To the fullest extent permitted by law,MSI shall defend, indemnify, and hold <br /> the City, its officials, officers,employees,agents and independent contractors serving in the role <br /> of City officials, and volunteers(collectively"Indemnitees") free and harmless from any and all <br /> claims, demands,causes of action,costs,expenses, liability, loss, damage or injury, in law or in <br /> equity,to property or persons, including wrongful death, in any manner arising out of or incident <br /> to the Half-Marathon, including without limitation the payment of all consequential damages and <br /> attorneys' fees and other related costs and expenses, except for such loss or damage arising from <br /> the sole negligence or willful misconduct of the City. With respect to any and all such <br /> aforementioned suits,actions, or other legal proceedings of any kind that may be brought or <br /> instituted against Indemnitees,MSI shall defend Indemnitees at MSI's own cost,expense and <br /> risk,and shall pay and satisfy any judgment,award,or decree that may be rendered against <br /> Indemnitees. MSI shall reimburse the City, its officials, officers,employees, agents, independent <br /> contractors, and/or volunteers for any and all legal expenses and costs incurred by each of them <br /> in connection therewith or in enforcing the indemnity herein provided. MSI's obligation to <br /> indemnify shall not be restricted to insurance proceeds, if any,received by MSI,the City, its <br /> officials,officers,employees,agents, independent contractors,or volunteers.All duties of MSI <br /> under this section shall survive the termination of this Agreement. <br /> V. Insurance. MSI shall at all times during the term of the Agreement carry,maintain,and <br /> keep in full force and effect,a policy of public liability insurance,with a minimum limit of <br />