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REV: 05-18-2022 RL
<br />11.City shall not be liable for any loss, damage or injury of any kind whatsoever
<br />to User or its property, or to any of User's officers, employees, agents, guests or invitees,
<br />or any other person whomsoever, caused by any use of the training facility or pistol
<br />range, or by any defect in any building, structure or any other improvement constructed
<br />thereon, or arising from any accident on said premises or any fire or other casualty
<br />thereon, or occasioned by the failure on the part of User to maintain, use, supervise, or
<br />regulate the premises in a safe manner, or by any act or omission of User or of any of
<br />User's officers, employees, agents, guests, or invitees, or arising from any other cause
<br />whatsoever. User hereby waives, releases, and discharges any and all claims and
<br />demands against City, its officers, boards and commissions, employees, agents, and
<br />volunteers for any such loss, damage or injury of User. User hereby agrees to defend,
<br />indemnify and hold harmless City, its officers, boards and commissions, employees,
<br />agents and volunteers from and against any and all claims, damages, losses and
<br />expenses including attorney fees arising out of the use of the premises by User, its
<br />officers, employees, agents, guests or invitees, caused or claimed to be caused by the
<br />acts, errors and/or omissions of User, its officers, employees, agents, guests or invitees
<br />or anyone for whose acts any of them may be liable (“Responsible Parties”). User’s
<br />responsibilities under this section include liability arising from, connected with, caused by,
<br />or claimed to be caused by the active or passive negligent acts or omissions of City, which
<br />may be in combination with the acts or omissions of any Responsible Party, provided that
<br />User’s duty to indemnify will not include any Losses arising from the sole negligence or
<br />willful misconduct of City.
<br />12.User agrees that any and all of its officers, employees, agents or other
<br />personnel that may utilize the facility are not employees of the City of Redwood City.
<br />ATTY/AGR.2022.115/City of Atherton (Page 4 of 8)
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