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CITY OF '' RANCHO PALOS VERDES <br /> AGREEMENT REGARDING THE PALOS VERDES HALF-MARATHON <br /> This agreement("Agreement") is made and entered into this h ; day of November, 2016, <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 19, 2016. <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 18, <br /> 2016 from 12:00 p.m. to November 19, 2016 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 /> Page 1 of 5 <br />