Res. #12-013 - Bald Eagle Waterski Show, Inc.

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SECTION TEN INDEMNITY Permittee hereby assumes entire responsibility and liability for any and all damage of any kind or nature whatsoever to all persons resulting from, arising out of, or occurring in connection with its use of the Property. If any person shall make a claim for damage or injury here above described, whether such claim may be based upon the City's alleged breach of any duty or obligation on the part of the City, Permittee agrees to indemnify and save harmless City and St. Paul Regional Water Services (SPRWS), its agents, servants and employees from and against any and all losses, expense, damage or injury that the either might sustain as a result of any such claims and Permittee agrees to assume, on behalf of City and SPRWS, the defense of any action at law or equity, which may be brought against the City or SWRWS upon such claims and pay on behalf of City or SPRWS, upon its demand, the amount of judgment that may be entered into against City or SPRWS in such action. SECTION ELEVEN INSURANCE Permittee, at its sole cost and expense, shall procure and maintain insurance coverage which is acceptable to the City Administrator which accomplishes the following: (a) coverage for the risk of harm or negligence to any person due to operations subject to this Permit or Permittee's use of the Property, (b) coverage for the risk of physical damage to its owned personal property and equipment, and (c) coverage for the risk of public liability and property damage, and as to all aspects of insured loss said insurance coverage shall not be in an amount less than $1,000,000. Permittee shall provide proof of insurance for workers compensation insurance as required by Minnesota Law. Moreover, Permittee shall name the City (and if requested, SPRWS) as additional insured on said insurance policies. Continuation of these insurance requirements are an on -going condition of this Permit. As a further condition of insurance coverage, USA Water Ski, Entertainment & Sports Insurance eXperts (ESIX), or any insurance company issuing coverage under this Permit shall be required to notify the City in the event of any notice or intent to discontinue coverage. This Permit is void at such time as Permittee's insurance coverage is not effective. However, Permittee's legal obligations to assume the entire responsibility and liability for any and all damage of any kind or nature whatsoever to all persons resulting from, arising out of, or occurring in connection with its use of the property, continues in perpetuity regardless of the terms of cancellation or termination of this Permit. SECTION TWELEVE CONDTIONS OF PERMIT Permittee shall, without exception, obtain an executed document entitled, "Participant Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement" (hereinafter referred to as a "Waiver ") from each member of its organization who will participate in any activity held at, or staged from, the Property. If such member is a minor, then Permittee shall, without exception, obtain a signed Waiver from a duly authorized parent or guardian. Permittee