To the fullest extent permitted by law, the borrower agrees to defend, indemnify, and hold harmless Benton County Fire District #4, Columbia Basin Dive Rescue, and Safe Kids Coalition, and their respective officers, employees, agents, and representatives, from claims, damages, losses, liabilities, and reasonable expenses, including attorney’s fees, arising out of or related to the borrower’s use, misuse, or possession of the PFD, except to the extent caused by the intentional or negligent act or omission of Benton County Fire District #4, Columbia Basin Dive Rescue, or Safe Kids Coalition.
Where liability arises from the concurrent negligence of the District, Columbia Basin Dive Rescue, Safe Kids Coalition, and the borrower, the borrower’s obligation under this section shall apply only to the extent of the borrower’s negligence.
The borrower is responsible for loss of or damage to District property caused by the borrower or persons using the PFDs under the borrower’s responsibility, except for ordinary wear and tear.