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2. To the fullest extent provided by law, Agency waives and releases the District, its <br />officers, agents and employees, from any and all personal injury damages, <br />property damages, worker's compensation claims, and any other claims, liabilities <br />and damages of whatsoever nature, for the Agency itself and members of the <br />Agency participating in the training exercises including their heirs, beneficiaries, <br />and assigns.. The Agency assumes any and all risks associated with or that relate <br />to its member's participation in the training exercises at District facilities and <br />acknowledges that it has inspected the facility premises and determined in its sole <br />discretion that the facility premises are fit for the uses intended. District makes no <br />warranties regarding the condition of the property express or implied. <br />3. The Agency hereby agrees to hold harmless, defend and indemnify the District <br />with counsel of the District choice, it's officers, agents and/or employees from any <br />and all damages and claims, demands, liabilities, losses, expenses, suits, and <br />actions resulting from any personal injury damages including loss of life, or <br />property damage, that arise out of its training exercises and use of the premises, <br />which is the subject of this Agreement. This indemnification clause shall also <br />include, but is not limited to, third party claims, actions, and judgments; all <br />reasonable attorney's fees; and all administrative, interest, and other legal costs, <br />fees, and penalties. <br />4. The Agency shall provide satisfactory evidence of and shall maintain workers' <br />compensation, employer's liability, commercial general liability, owned, non - <br />owned and hired automobile liability, and coverage relating to Agency's use of <br />District facilities. Unless otherwise provided by the District, the minimum <br />REV: 04-27-2021 MI <br />ATTY/AGR.2021.089/Menlo Park Fire Protection District (Page 2 of 4) <br />