Waiver
The APPLICANT shall identify and hold the KENT DOWNTOWN PARTNERSHIP and the CITY OF KENT and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suites, at law or equity, actions, penalties, loss damages, or costs, of whatsoever kind or nature, brought again the KENT DOWNTOWN PARTNERSHIP and THE CITY OF KENT arising out of or in connection with or incident to the execution of this Agreement and/or the APPLICANT’S performance or failure to perform any aspect of this Agreement; provided, however, that is such claims are caused by or result from the concurrent negligence of the KENT DOWNTOWN PARTNERSHIP and CITY OF KENT, its agents, employees, and/or officers, this indemnity provisions shall be valid and enforceable only to the extent of the negligence of the APPLICANT; and provided further, that nothing herein shall require the APPLICANT to hold harmless or defend the KENT DOWNTOWN PARTNERSHIP and CITY OF KENT, its agents, employees and/or officers for damages or loss caused by the KENT DOWNTOWN PARTNERSHIP and CITY OF KENT’S sole negligence. The APPLICANT expressly agrees that the Indemnification provided herein constitutes the contractor’s waiver of immunity under title 51 R C.W., for the purposes of this Agreement. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.
The applicant has read and understands the Rules & Regulations, (Page 3) and will abide by them throughout their association with the 1st Ave Inside Out Open-Air dining and Marketplace. It is understood that the Kent Downtown Partnership reserves the right to close, without refund, any participant not complying with these regulations.