Santa Margarita Water District Hold Harmless Agreement
This indemnity, release, and hold harmless agreement (this “Agreement”) is made and entered into between the Santa Margarita Water District (“SMWD”) and the undersigned individual or entity (“Licensee”) as consideration for Licensee’s access to and use of SMWD’s premises at 26111 Antonio Parkway, Rancho Santa Margarita, CA 92688, including, but not limited to, SMWD’s board meeting room, any other meeting rooms, restrooms, escalators, elevators, facilities, associated buildings, structures, spaces, and parking lots (collectively, “Premises”). In consideration for access to and use of the Premises, Licensee shall indemnify, defend, and hold harmless SMWD and its officials, agents, representatives, employees, and volunteers (“Released Parties”) to the maximum extent permitted by law, against and from any and all actions, claims, suits, penalties, obligations, and liabilities, of any kind or nature, including, but not limited to, damage to property, the contraction of an infectious virus or other disease by any person, bodily and/or personal injuries, including death, of or to any person, as well as any resulting costs and expenses (including, without limitation, any fines, penalties, judgments, legal expenses, experts’ fees, and attorneys’ fees) arising from or in any way connected with: (1) Licensee’s use of the Premises for the conduct of its business; (2) any activity, work, or other thing done, permitted, or suffered by Licensee in or about the Premises; and (3) any act or negligence of Licensee or its officers, agents, employees, guests, licensees, or invitees.
For and in consideration of SMWD allowing Licensee to use the Premises, Licensee hereby releases and forever discharges the Released Parties from any and all claims, demands, damages, costs, attorneys’ fees, liabilities, obligations, expenditures, rights to arbitration, liens, and causes of action arising from the use and/or condition of the Premises. This release includes, but is not limited to, any claim arising from the SMWD’s cancelation or change of a reservation. Licensee acknowledges that Licensee understands the meaning of California Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
With respect to the foregoing, Licensee expressly waives and relinquishes any right or benefit which it now has, or may have, under California Civil Code Section 1542. In connection with such waiver and relinquishment, Licensee acknowledges that it is aware that it may hereafter discover claims or facts in addition to or different from those which SMWD and Licensee now know or believe to exist with respect to such matters, but it is Licensee’s intention to hereby fully, finally, and forever settle and release all of the released matters, disputes, and differences, known or unknown, suspected or unsuspected, which do exist, or may exist, or heretofore have existed between the Released Parties and Licensee arising out of such matters. In furtherance of such intention, the releases herein given shall be and remain in effect as full and complete releases.
Licensee represents and warrants that it has had the opportunity to seek and receive the advice of legal counsel with respect to the advisability of indemnifying, defending, and holding the Released Parties harmless, assuming all risks, and making all releases set forth herein. Licensee agrees that the provisions set forth herein constitute the full and complete agreement between SMWD and Licensee with regard to the subject matter hereof. Licensee further represents and warrants that the individual signing below has authority to sign on behalf of Licensee, and to bind Licensee to the terms and conditions set forth herein. Licensee acknowledges and agrees that its duty to indemnify, defend, and hold harmless the Released Parties shall survive the termination of this Agreement.