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INDEMNIFICATION AGREEMENT
T . S AGREEMENT ( "Agreement ") is made and entered into this A q day of
1, ,;, 2006 by and between the City of Seal Beach, a municipal corporation,
("4 y ") d Seal Beach 5 /10K Committee, a California nonprofit corporation (Federal
Tax ID number 9120098870) hereinafter referred to as "Committee."
WHEREAS, Committee would like to donate funds to the City,
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. DONATION. Committee agrees to donate, and City agrees to accept, the sum of
$4 71 "Donation ") pursuant to the terms and conditions contained in this Agreement.
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2. NO WARRANTY. City acknowledges that Committee makes no representations
as to the condition or safety of any items or equipment purchased by the City with the
Donation.
3. RELEASE. City hereby releases, waives, discharges, and relinquishes any action
or causes of action which may hereafter arise related to the donation of funds or
subsequent purchase or use of any items or equipment purchased by the City with the
Donation and agrees that it will not prosecute, present any claim for person injury,
property damage, or wrongful death against Committee or any of its officers, agents,
servants, or employees for any of said causes of action.
4. INDEMNIFICATION. City shall indemnify, defend, and hold harmless
Committee, its officers, agents, and employees from any and all claims, demands, losses,
costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including
but not limited to personal injury, property damage, or wrongful death, occurring to any
person or property, that Committee shall incur or suffer related to the purchase, use,
transportation, ownership, storage, installation, or possession of any items or equipment
purchased by the City with the Donation.
5. GOVERNING LAW. This Agreement shall be interpreted, enforced and
governed by the laws of the State of California.
6. ENTIRE AGREEMENT. This Agreement constitutes the sole and entire
agreement between City and Committee with respect to the Donation, and supersedes all
negotiations or previous agreements between the parties or their predecessors in interest
to all or any part of the subject matter hereof.
7. SEVERABILITY. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and
effect.
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11245.0001.900979_3
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WITNESS THE SIGNATURES of City and Committee as of the above date.
CITY OF SEAL : ACH, a • ipal corporation
i
By
Tit l - �C /17 #4444)e
ATTEST:
/
Ci y Clerk
Seal Beach 5 /10K Committee, a California nonprofit corporation
By //' aljr3-4,7r
Title: Piet 5
By
Title:
APPROVED AS TO FORM
P °1)1 11(431
City Attorney
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11245.0001.900979_3