|
Exhibit 4
<br />16. Indemnil➢calion:
<br />(a) Grantee agrees to indemnify, defend and hold harmless Foundation, its parent, subsidiary and
<br />affiliated curnpauics, sponsors, benefactors, donors, ofliccrs, dIICCtorS, employees, accountants,
<br />attorneys, agcros, succeNson and assigns (-roondatiott P u-tics') IYom and against arty attd all third
<br />party claims, demands, losses, damages. liabilities, costs and expenses (including reasonable
<br />legal/altorneys' lees and expenses arising out ofor related to any legal proceeding and any legal
<br />appeal) ("Claim" or "Claims") related to the Grant, the Mini Pitch or this Agreement and
<br />liabilities of any kind or nature whatsoever-. whether in contract, Wrt, ur urhp-wise, resulting rrorn
<br />and claim (includittc, willtout limitation, pevonal injury, death, orproperfy damage) actually or
<br />allegedly arising out of or in connection with the maintenance, location, or condition of the Mini
<br />Pitch, or any person's use of the Mini Pitch, whether authorized or unauthorized, proper or
<br />improper. Grantee's indenutitication obligation hereunder shall survive the expiration or carlicr
<br />Icrminat.ion of this Agiccrncnl. Without. limiting [his obligation, Chanted will maintain tlic
<br />insurance dcsctibcd in Scclion 17 of Ibis Agri anent.
<br />Grantee represents to Foundation that the Mini Pitch does not violare any applicable law,
<br />regulation, ordinance, Icase, or otherwise violate the right, of any persrvt or entity_
<br />(b) Grantor agree; to indemnity Grantee dining the installation of the Mini Pitch by Foundation or
<br />its subcontractors and when Foundation or third parties at the direction ofTnundation utilizes the
<br />Mini -Pitch thereafter as follows: Foundatton agrees to defend, and shall indemnify and hold
<br />han»less the Grantee, its officers agents employees, conuactos, special counsel, and
<br />representatives from liability: (1) tin personal injury, danlagesjust compensation, restitution,
<br />Judicial or cquitablc relief at out of claims too personal injury, including death. and claims
<br />For property damage, which may arise from the negligent operations of the Foundation, its
<br />subcontractors, agents, employees, or other person: acting on its behalf. and (2) from any claim
<br />that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising Liam this Agreement. This indemnity and hold h_imless
<br />agrecnnent applies to all claims for damage,, just compensation, restitution, judicial or cquitablc
<br />lclicf surrcicd, or:illc"Cd to have been Norf6cd, by ICa,on of Illc cvcnU IcfcrrCd to in IlwN Sub -
<br />Section or by reason of the terns of, or effects, arising from this Agrccunau. Notwithstanding
<br />the foregoing, to the extent Foundation, its agents or subcontractor's services are subject to Civil
<br />Code Section 2782.8, the above indemnity shall he limited, to the extent required by Civil Code
<br />Section 2792.K to claims that arise ouc or, pertain to, or relate to the negligenec, rncklcssness, nr
<br />willrul misconduct of the Foundation, its aauns or subconllacturs.
<br />17. Tnsurance Recmireme nts:
<br />(a) Tnsurance Requirements of the Mini Pitch, At all LirmCS while the Mini Pitch is in place, Grantec
<br />shall provide and maintain, at its expanse, [he licllowing insurance, Or appropriaw Sell' insurance,
<br />which shall protect Grantee and the Foundation on a primary basis [rant any and all Claims arising
<br />out of or in connoction with the Grant Project and the Mini Pitch pursuant to this Agreement
<br />(i) Coomicrcial Gcucral Liability iruin-ancc Will litnitsnot LNs Lln:ni Sl,0 0,000 cash ncertn-cmce
<br />and S2,000.000 in the aggregate. Such insurance shall include coverage for contractual
<br />liability, premises liability, products -completed operations, personal and advertising injury,
<br />property dannage and bodily injury liability (including death)_ Said policy shall he endorsed
<br />to name Ill(: Foundation and Foundation P.vtics as Additional lnsurcds.
<br />(ii) Aulomobile Liability insurance covering liability arising ouL of the Urautee's use, operation
<br />and/or maintenance of any auto (including necks and other consnnction vehicles), with
<br />limits not less than S1,000,000 each accident combined single limit 1161 bodily injury.
<br />City Council 10 — 12 7/6/2021
<br />
|