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d. Submit to the Esri Training Event Assistant a list of the names and e-mail addresses of Student[s] who are to attend <br /> a Client site or private training event at least three (3) business days before the scheduled start date. Subject to <br /> compliance with Article 14 Export Control Regulations, any Student who is a resident of a US embargoed country <br /> or is found on any of the various US Government Lists of Parties of Concern or Specially Designated Nationals lists <br /> will not be permitted to attend the training event. <br /> e. Be responsible for all Student travel arrangements and agrees that Esri is not responsible for losses from <br /> nonrefundable travel arrangements due to the denial of Student's participation based on US government export <br /> regulation requirements, course scheduling changes, or cancellations. <br /> f. Complete and submit an Esri Client site training request form, if applicable, and ensure that the class environment <br /> adheres to the requirements for Esri Training as found online at <br /> http://training.esri.com/gateway/index.cfm?fa=classroom.requirements. <br /> g. Ensure Student use of Training Materials provided by Esri complies with the terms of this Agreement. <br /> h. Assume full responsibility for Student attending training course(s) under this Agreement. Client agrees to indemnify <br /> Esri, its officers, directors, and employees for any and all claims, liabilities, and expenses (including reasonable <br /> legal fees) arising out of or based on any uncured material breach by Student of the terms and conditions of this <br /> Agreement. <br /> 1. Ensure Student does not use audio and/or video recording equipment within the classroom without prior written <br /> approval from Esri. <br /> 4.2 If the Esri Mobile Lab is used, Client will <br /> a. Immediately report any existing damage to Esri Mobile Lab equipment to Training Event Assistant, upon receipt of <br /> the equipment. <br /> b. Keep Esri Mobile Lab equipment in a secure, locked area between training event sessions. <br /> c. Ensure that only registered Student[s] use Esri Mobile Lab equipment. <br /> d. Be responsible for loss of, damage to, and/or theft of Esri Mobile Lab equipment while in Client's possession. <br /> e. Warrant that it maintains sufficient insurance coverage obligations created by this Agreement and by law. <br /> f. Allow the Esri instructor to check all Esri Mobile Lab equipment following the completion of training. Any damage <br /> to Esri Mobile Lab equipment due to Student use, excluding normal wear and tear, will be brought to the attention of <br /> Client by written notice. Client hereby agrees to be financially responsible for any repair or replacement of <br /> equipment resulting from such damage. <br /> g. Make Esri Mobile Lab equipment available for freight pickup upon the conclusion of the training event. <br /> ARTICLE 5-INSURANCE AND INDEMNIFICATION <br /> 5.1 Insurance. Esri carries, at a minimum, the following coverage: <br /> a. Comprehensive general liability or commercial general liability with minimum coverage of one million dollars <br /> ($1,000,000.00) combined single limit per occurrence for bodily injury, including death, and property damage <br /> liability, to include the following: <br /> 1. Premises and operations <br /> 2. Blanket contractual liability <br /> 3. Broad form property damage <br /> 4. Independent contractors <br /> 5. Personal injury, with employee exclusion deleted <br /> 6. Completed operations <br /> b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. <br /> 5.2 Indemnification. Esri will indemnify and hold harmless Client and each of its directors and officers (collectively the <br /> "Indemnified Parties") from and against any and all damages, losses, liabilities, claims, judgments, and settlements, including <br /> all reasonable costs, expenses, and attorneys' fees, arising out of any action or claim for bodily injury, death, or property <br /> damage brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful <br /> misconduct by Esri or its directors, officers, employees, or agents while engaged in or as a result of the training or coaching <br /> services provided by Esri pursuant to this Agreement while on Client's site. <br /> Page 2 of 6 <br /> REV: 9i7 aG 2016.188/ESRI Training Agreement <br />