Permittee waives all claims against the City of Westminster (hereinafter referred to as CITY), its officers, agents and employees, for loss or damage caused by, arising out of, or in any way connected with, the exercise of this permit and permittee agrees to save harmless, indemnify and defend CITY, its officers, agents and employees, from any and all loss, damage or liability which may be suffered or incurred by CITY, its officers, agents and employees, caused by Permittee's exercise of the rights herein granted, except to the degree that those losses, damages or liabilities arise out of the negligence or willful misconduct of the CITY. CITY shall have the privilege of inspecting the premises covered by this permit at any and all times. This permit shall not be assigned. CITY may terminate this permit at any time if permittee fails to perform any material covenant herein contained at the time and in the manner herein provided. In the event of such failure to perform, CITY shall afford Permittee notice and reasonable opportunity to cure. CITY agrees it will not unreasonably exercise this right of termination. The parties hereto agree that the permittee, its officers, agents and employees, in the performance of this permit shall act in an independent capacity and not as officers, employees or agents of the CITY. No alteration or variation of the terms of this permit shall be valid unless made in writing and signed by the parties hereto. Permittee will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, sexual orientation, age, national origin or physical handicap. Permittee agrees to comply with the terms and conditions contained herein and all rules and regulations of the CITY subject to this permit.
Indemnification, Defense, Hold Harmless:
PERMIT HOLDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, including those resulting from death or injury to PERMIT HOLDER'S employees and damage to PERMIT HOLDER'S property, caused by PERMIT HOLDER'S acts or omissions pursuant hereto, or operations herein undertaken by PERMIT HOLDER, except to the degree that the injuries or damages arise out of the negligence or willful misconduct of the CITY. PERMIT HOLDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by PERMIT HOLDER for all costs or attorney's fees incurred by CITY in enforcing this obligation.