Hold Harmless Agreement - Indemnification and Hold Harmless Agreement This Use, Indemnification and Hold Harmless Agreement (the “Agreement”) dated with the signature date below , executed by (the “Indemnitor”) in favor of The City of Marathon, Florida (the “City”). WITNESSETH WHEREAS, the Indemnitor has applied to the City for a Permit to hold an event on City property located at 3911 Overseas Highway, Marathon, FL 33050 (the "Property”); and WHEREAS, as a condition of approval of the Permit, the Indemnitor has agreed to provide this indemnification and Hold Harmless to the City, including the insurance provisions. NOW, THEREFORE indemnitor agrees: 1.Indemnification and Hold Harmless The Indemnitor covenants and agrees that it will indemnify, defend and hold harmlessthe City, its elected officials, its employees, agents consultants, legal counsel, and volunteers from any and all claimsincluding bodily injury or property damage, liabilities, losses, damages, fines, costs, fees, and expenses including attorney’sfees and costs (at both the trial and appellate levels) arising out of or in any way relating to the Indemnitor’s activities uponthe Property, including, without limitation claims of third parties for property damage or for bodily injuries and any and allexpenses or obligations including reasonable attorneys’ fees and costs. 2. Personal Property All personal property placed at the Property by the Indemnitor shall be at the risk of the Indemnitor andthe City shall not be liable for any loss or damage to the Indemnitor’s personal property located thereon for any reasonwhatsoever. The Indemnitor’s agrees and understands that the City does not and shall not carry liability, theft or fire insuranceon said property to cover the Indemnitor’s interest therein. 3. Survival of Terms The hold harmless and indemnifications provided in this Agreement shall survive termination of the event. 4.Release The Indemnitor shall additionally hold harmless and release the City Manager or his designee from any claims fordamages, including but not limited to economic consequential or other monetary damages suffered by the Indemnitor, in the eventthat the City Manager or his designee revokes the Permit or otherwise stops the event due to the Indemnitee’s violations of anyconditions of the Permit, applicable laws or City regulations. 5.Successors or Assigns. This Agreement shall be binding on the Indemnitor’s successors, assigns or heirs and run in favorof City’s successors and assigns. IN WITNESS WHEREOF, Indemnitor has executed this Agreement by signing and dating below for all participants in this group