Santa Margarita Water District Hold Harmless Agreement
In consideration of the ability to use the Santa Margarita Water District’s board meeting room or any other meeting rooms at 26111 Antonio Parkway, Rancho Santa Margarita, CA 92688, including all associated buildings, structures, and parking lot (“Premises”), (“Licensee”) shall indemnify, defend and hold harmless Santa Margarita Water District and its officials, agents, representatives, employees and volunteers (“SMWD”)to the maximum extent permitted by law, against and from any and all actions, claims, suits, penalties, obligations, liabilities, of any kind or nature, including but not limited to damages to property, the contraction of an infectious virus or isease by any person, bodily and/or personal injuries or death to any persons, including any resulting costs and expenses (including, without limitation, any fines, penalties, judgments, actual legal expenses, expert and attorney fees) arising from or in any way connected with Licensee’s use of the premises for the conduct of its business or from any activity, work or other thing done, permitted, or suffered by Licensee in or about the premises, or from any act or negligence of Licensee, or any officer, agent, employees, guest or invitee of Licensee.
For and in consideration of SMWD’s agreement to allow Licensee to use the Premises, Licensee hereby releases and forever discharges SMWD from any and all claims, demands, damages, costs, attorneys’ fees, liabilities, obligations, expenditures, rights to arbitration, liens and causes of action arising from the use and/or condition of the Premises. This release includes, but is not limited to, any claim arising from the District’s cancelation or change of a reservation. Licensee acknowledges that Licensee understands the meaning of California Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
With respect to Licensee’s use of the Premises, Licensee expressly waives and relinquishes any right or benefit which it now has, or may have, under California Civil Code Section 1542. In connection with such waiver and relinquishment, Licensee acknowledges that it is aware that it may hereafter discover claims or facts in addition to or different from those which SMWD and Licensee now know or believe to exist with respect to such matters, but it is Licensee’s intention to hereby fully, finally and forever settle and release all of the released matters, disputes and differences, known or unknown, suspected or unsuspected, which do exist, or may exist, or heretofore have existed between SMWD and Licensee arising out of such matters. In furtherance of such intention, the releases herein given shall be and remain in effect as full and complete releases.
Licensee represents and warrants that it has had the opportunity to seek and receive the advice of legal counsel with respect to the advisability of indemnifying, defending, and holding SMWD harmless, assuming all risks, and making all releases set forth herein. Licensee agrees that the provisions set forth herein constitute the full and complete agreement of SMWD and Licensee with regard to the subject matter hereof. Licensee further represents and warrants that the individual signing below has authority to sign on behalf of Licensee, and to bind Licensee to the terms and conditions set forth herein.