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The Customer further agrees that if Perfect Partie,y, USA is unaUle ro fulfill its obligations under this a�eemctn, or is found liable eo
<br /> che Gbstomer for breach of contracy brcach af warranty, n¢gligencc or any att�er iheory of liability or broach, Perfect Parties, USA'
<br /> liabi�ity ahnli be limitcd to the value of its commerciai genernl tiability insurance cwerage. Perl'ect parttey, USA shall provide
<br /> sxtiafnceory evidence of irs Cwnmcrcial Gencral Liabitiry insurance coaerage, cecurrence form, with a lim(t of not less than
<br /> $ I,000,000 each oeeurreoee, $2,000,000 ag�regate, with endorSemeM.s listing "Tlie Ciry of Redwopd Ciiy, ita Council, ofi"reers,
<br /> boards, commi�ions, agents end employws," as addit4onal insured, to City upon execution of Hais agr¢ement,
<br /> 18. Nonpayment: in the evemt of nonpaymcat or incomplete payment, the G�stomex agrees tv indemnify Perted pa�ties, USA for aii
<br /> costs and expenses incu�red by Perfbct partiec, USA in its efforts to colieet all amow�ts due ineludin$, but na limited to, court filing
<br /> fees, attorneys' t'ees and airy bank fees. T7�e Customer also agrees W pay a�25.00 service charge to Pcrfea parties, USA for all
<br /> rehuned checks plaa soy bank fees related thereto.
<br /> 19. fndemnification and Waiver of Claims: The Custrnner c�grces and undetstands that participation in the activities that arc part of the
<br /> entenain�nent provided pursuant to this eantrar.t entails both knmvn and unknown risks including, hut not limited to, physical injury
<br /> from falixng, alipping or coliiding, emotional inluaY> p�'alysia, or death to any particlpant.
<br /> 'Ihe Custamer agtees to fuily release, indemaTfy, forever di�chargc and hold hmmless Perfect Parties, USA from �d against any and
<br /> ail claims, demands,liabilities, damages, costs and expenses including, but not limited ro atrorneys' fees and claims for personal injury
<br /> of the Cuseomer, its ngcnu, yervants, d�signees or employees including ride operatwa and volunteers, or of any third-parties, rolated to
<br /> Customer's rental of skating rink. Perfect Parties U3A ag►ees to fuify rcicaoe, indemnify, forever discharge and hold harmless the
<br /> City oP Redwood City, its Council, off'icers, boards, comm;y�ions, agents, and cmployees from and against eny claims, damands,
<br /> iiabilities, damages, wsGs and expeuses includin� but not limited to artorneys' fees attd claims for persona! injury arising out of PerCect
<br /> Psrties USA's negligent ncts or om.issians or wi11fu1 misconduet.
<br /> The Customer hereby aclmowledges that it has read and understood this section of Che agreement, and age¢,a ta its content and the
<br /> obligations contained therein:
<br /> iniCista oTCnstomcr or Custnmer's authorized representative:'�
<br /> 20. Sevorability: 7he partias to U�is asreement egrcc that if any portion offhis agreemant is fpund to be inapplicable, unenforceabie or
<br /> wid, the rcmaining provisions oFthe agreemerrt will be adhered to and fuliy enforceable.
<br /> 21. Applicable Lnwand Venue: 71iis contract is govemed by and construed in accordnnec witri the laws of the Commonwealth of
<br /> Massachusetts, and arry actien to enforce this coneract must be brought in a Massachusetts court.
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<br /> AGR 2011.12D CHS SIwL'ng Rink
<br /> 102011
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