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The Customer further agrees [hat if Perfect Parties, USA. is unable [o fulfill its obligazions under [his ageement, or is found liable to
<br /> the Customer for breach of conVact, breach of warranry, negligence or any other theory of liabiliry or breach, Perfect Parties, USA'
<br /> liabiliry shall be limited to the value of its commercial general tiability insurance coverage. PerteM Partfes, USA shall maintain for
<br /> Ihe duratioo of this Agreement, and shall provide satisfactory evidence of, its Commercial General Liability insurance
<br /> coverage, occurrence torm, with a limit ot not less t6an $1,000,000 eac6 occurrence, $2,000,000 aggregate, with original
<br /> endorsements listing "The City of Redwood City, its Couocil, officers, boards, commissioas, ageots and employees,^ as
<br /> additional insured, to City upoo esecution of t6is agreement '17�is coverage s6a11 be primary insareoce with respect to t6e
<br /> CYty, its Couocil, ofticers, boards, commissious, agents, and employees, and any insurance or self-insurance maintained by
<br /> City, for itself, its Coancil, oftScers, boards, rnmmissions, ageofs, aod employees, shall be in excess of Perfect Parties, USA's
<br /> insureoce aod not contribotory wit6 iG If Perfect Parties, USA fails [o maintain any of the insurance coverage required herein, then
<br /> Ciry will have the option to tertninate this Agreemenl, or may purchase replacemenf insurance or pay the premiums that are due on
<br /> existing policies in order that the required coverage may be maintained. Perfect Parties, USA is responsible for any payments made
<br /> by City to obtain or maintain such insurance and City may collect the same from Perfec[ Parties, USA or deduct the arnount paid from
<br /> any sums due Perfect Parties, USA under [his Agreement. This inswance shall be in force during the life of the Ageemen[ and any
<br /> extensions of it and will not be canceled without thirty (30) days prior written notice to Ciry.
<br /> 18. Nonpaymeat: In [he event of nonpayment or incomple[e payment, the Cus[omer agrees to indetnnify Perfect Parties, USA for all
<br /> costs and expenses incurted by Perfect Parties, USA in its efforts to collect all amounts due including, bu[ not limited W, wurt filing
<br /> fees, at[omeys' fees and any b�lc �fees. 7Le Customer also agrees ro pay a$25:00 service charge to Perfect Parties, USA for aIl
<br /> retumed checks plus any bank fees relatul thereto.
<br /> 19: fndemnification�and Waiver of Claims: The Customer agrees�and wderstands ttta[ participation in tFie activities tha[ are part of the
<br /> entertainment provided pursuant to this contract entails both Irnown and unlmown risks including, but not IimiteA to, physical injury
<br /> from falling, slipping or colliding emotional injury, parelysis, or death ro any participant.
<br /> 'ihe Customer a�rees to fully release, indemnify, forever discherge and hold harmless Perfect Parties, USA from and against any and
<br /> all claims, demands, liabilities,.damages, costs and expenses including, bul not limited to attoineys' fees and claims for personal�injury
<br /> of the Customer, its agenk, servants, designees or employees including ride operators and volunteers, or of any th'vd-parties, rela[ed to
<br /> Clutomer's rental of skating rink Perfect Parties USA agrees tn fully release, indemnify, forever discharge and hold harmless the
<br /> Ciry of Redwood City, its Council, offrcers, boards, commissions, agents, and employees Gom and against any claims, demands,
<br /> liabilities, damages, cosls and expenses including but not limited to attomeys' fees and claims for personal injury arising out of Perfect
<br /> Parties USA's negligent acts or omissions or willful misconduct.
<br /> The Customer hereby aclmowledges that it has read and understood U»s section of the agreement, and agrees to its content and the
<br /> obligations cootained [herein:
<br /> IuitiaLs of Customer or Customer's authoriud represeota
<br /> 20. Severability: The parties to this ageement agee that if any portion of this agreement is fo�md to be inapplicable, unenforceable or
<br /> void, the remaining provisions of the agreemen[ will be adhered to and fully enfm+ceable.
<br /> 2I. Applicable L:aw and Veuue: This contract is govemed by and coastrued in accordance wit6 the laws of ttie Commonwealth of
<br /> Massachusetts, and any actlon to enforce this contract must be brought in a Massac6usetts court.
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<br /> AGR 2011.120 CHS Skating Rink�.
<br /> 102811
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