RELEASE OF LIABILITY AND INDEMNIFICATION FORM
TO THE FULLEST EXTENT ALLOWED BY LAW, THE APPLICANT (SPONSOR, PROMOTER, AND LAND OWNER) SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TRUCKEE FIRE PROTECTION DISTRICT, AND ITS OFFICERS, AGENTS, ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES (“DISTRICT INDEMNITEES”), FROM AND AGAINST ANY AND ALL CAUSES OF ACTION, CLAIMS, LIABILITIES, OBLIGATIONS, JUDGEMENTS, OR DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF LITIGATION (“CLAIMS”), DIRECTLY OR INDIRECTLY ARISING OUT OF THE APPLICANT’S PERFORMANCE OF ITS OBLIGATIONS, OR EXERCISE OF ITS RIGHTS, UNDER THIS SPECIAL EVENT PERMIT OR OUT OF THE OPERATIONS CONDUCTED BY THE APPLICANT, INCLUDING THE DISTRICT’S PASSIVE NEGLIGENCE, EXCEPT FOR SUCH LOSS OR DAMAGE ARISING FROM THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE DISTRICT. IN THE EVENT THE DISTRICT INDEMNITEES ARE MADE A PARTY TO ANY ACTION, LAWSUIT, OR OTHER ADVERSARIAL PROCEEDING ARISING FROM THE APPLICANT’S PERFORMANCE OF THE AGREEMENT THE APPLICANT SHALL PROVIDE A DEFENSE TO THE DISTRICT INDEMNITEES OR AT THE DISTRICT’S OPTION REIMBURSE THE DISTRICT INDEMNITEES THEIR COSTS OF DEFENSE, INCLUDING REASONABLE ATTORNEY’S FEES, INCURRED IN DEFENSE OF SUCH CLAIMS.