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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 range,
<br />or by any defect in any building, structure or any other improvement constructed thereon,
<br />or arising from any accident on said premises or any fire or other casualty thereon, or
<br />occasioned by the failure on the part of User to maintain, use, supervise, or regulate the
<br />premises in a safe manner, or by any act or omission of User or of any of User's officers,
<br />employees, agents, guests, or invitees, or arising from any other cause whatsoever. User
<br />hereby waives, releases, and discharges any and all claims and demands against City,
<br />its officers, boards and commissions, employees, agents, and volunteers for any such
<br />loss, damage or injury of User. User hereby agrees to defend, indemnify and hold
<br />harmless City, its officers, boards and commissions, employees, agents and volunteers
<br />from and against any and all claims, damages, losses and expenses including attorney
<br />fees arising out of the use of the premises by User, its officers, employees, agents, guests
<br />or invitees, caused or claimed to be caused by the acts, errors and/or omissions of User,
<br />its officers, employees, agents, guests or invitees or anyone for whose acts any of them
<br />may be liable (“Responsible Parties”). User’s responsibilities under this section include
<br />liability arising from, connected with, caused by, or claimed to be caused by the active or
<br />passive negligent acts or omissions of City, which may be in combination with the acts or
<br />omissions of any Responsible Party, provided that User’s duty to indemnify will not include
<br />any Losses arising from the sole negligence or 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 />Should any officer, employee, agent, or other personnel of User submit a claim for any
<br />ATTY/AGR.2022.117/City of East Palo Alto (Page 4 of 8)
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