RELEASE OF LIABILITY AND INDEMNITY
In consideration of the City of Merced's ("City") brokerage agreement with ashlin H St rop California Corporation, ("Releasor")
for the Releasor hereby agrees to foreve
release, discharge and acquit City, its managers, officers, employees, agents and volunteers, and each of them, from any and all claims, injuries, demands, obligations, indebtedness, acts, omissions, costs, losses, damages, liabilities or causes of action of every type, kind, nature, description or character that may arise out of or in connection with or be incidental to Releasor's harvesting, loading and transporting of the crop from the City's Land Application site, irrespective of how, why or by reason of what facts such injuries, losses, damages, or liabilities may occur.
Releasor further acknowledges that it is assuming all risks relating to, arising out of or in connection with, or inherent to harvesting, loading and transporting of the crop and that such risks may include claims, losses, injuries, demands, obligations, indebtedness, acts, omissions, costs, damages, liabilities or causes of action asserted by persons or entities not a party to this Agreement, including but not limited to, property damage, personal injury, and wrongful death claims and including but not limited to all risks relating to any act, omission, misfeasance, malfeasance or negligence of City, its managers, officers, employees, agents or volunteers.
By execution of this Agreement, Releasor on behalf of itself, its successors and assigns represents that it is insured for any and all of the above-described claims, losses, damages, or causes of action which may be asserted against City.
Releasor further acknowledges and agrees, at its sole expense, to indemnify and defend City against any and all of the above-described claims, losses, damages, or causes of action which may be asserted against City.
The undersigned hereby acknowledges that she/he has read the foregoing Agreement and knows the contents thereof, that the terms thereof are contractual and not by way of recital, that she/he signs this Agreement as his/her own free act, and that she/he is authorized to sign this Agreement by Releasor. ///
X: \Agreements WWTP12015\Release of Liability
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