This HOLD HARMLESS AGREEMENT is made this
fby
and between the BOGOTA BOARD OF EDUCATION, One Henry C. Luthin
Place, Bogota, NJ 07603 and (hereinafter, referred to
“CONTRACTOR). The BOGOTA BOARD OF EDUCATION and CONTRACTOR
are sometimes individually referred to as “Party” and collectively referred to as
the “Parties.”
WHEREAS, CONTRACTOR will provide * program at the BOGOTA BOARD OF EDUCATION’S facilities; WHEREAS, in exchange for the CONTRACT to CONTRACTOR for such purposes, CONTRACTOR desires to hold harmless BOGOTA BOARD OF EDUCATION from any claims and/or litigation arising out the CONTRACTOR operations of said project; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, BOGOTA BOARD OF EDUCATION and CONTRACTOR hereby agree as follows:
TERMS
1. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold
harmless BOGOTA BOARD OF EDUCATION from any and all actual or
alleged claims, demands, causes of action, liability, loss, damage and/or
injury (to property or persons, including without limitation wrongful death),
whether brought by an individual or other entity, or imposed by a court of
law or by administrative action of any federal, state, or local governmental
body or agency, arising out of or incident to any acts, omissions,
negligence, or willful misconduct of .This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to BOGOTA BOARD OF EDUCATION for all legal expenses and costs incurred by it.
2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
3. Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed
by both Parties.
4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppels, or otherwise.
5. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which the Party is entitled.
6. Entire Agreement. This agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.