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HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
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<br /> This Hold Harmless and Indemnification Agreement (the “Agreement”) is made this ___ day of
<br />____________, 2019, by and between the City of New Brighton, a Minnesota municipal corporation (the “City”)
<br />and the New Brighton Farmers Market Service Corporation, a Minnesota nonprofit corporation (“NB Farmers
<br />Market”).
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<br />RECITALS
<br />
<br />WHEREAS, the NB Farmers Market desires to use the New Brighton Community Center parking lot,
<br />located at 400 10th Street NW, New Brighton, MN 55112 (the "Property") for farmers’ market events on
<br />Wednesdays from 3:00 p.m. through 7:00 p.m. between June 19, 2019 and October 2, 2019 (the “Events”); and
<br />
<br />WHEREAS, the Property is owned by the City and, in exchange for the City making the Property available
<br />to the NB Farmers Market for the Events, the NB Farmers Market desires to hold harmless the City from any
<br />claims and/or litigation arising out of the NB Farmers Market’s use of the Property.
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<br />NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City
<br />and the NB Farmers Market hereby agree as follows:
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<br />AGREEMENT
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<br />1. Use of the Property. The NB Farmers Market is hereby authorized by the City to use the Property
<br />for the Events during the days and times specified in the above recitals. Said use of the Property
<br />shall include a reasonable amount of time before and after each of the Events for necessary set-
<br />up and clean-up.
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<br />2. Hold Harmless. The NB Farmers Market shall fully defend, indemnify, and hold harmless the City
<br />from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury,
<br />of any kind whatsoever (including without limitation all claims for monetary loss, property
<br />damage, equitable relief, personal injury and/or wrongful death), whether brought by an
<br />individual or other entity, or imposed by a court of law or by administrative action of any federal,
<br />state, or local governmental body or agency, in any way whatsoever arising out of the NB Farmers
<br />Market’s use of the Property, and any acts, omissions, negligence, or willful misconduct on the
<br />part of the NB Farmers Market, its officers, owners, personnel, employees, agents, contractors,
<br />invitees, or volunteers. This indemnification applies to and includes, without limitation, the
<br />payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or
<br />expenses, and any reimbursements to the City for all legal fees, expenses, and costs incurred by it.
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