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HomeMy WebLinkAbout4. Private Hydrant - Hold Harmless Agreement HOLD HARMLESS AGREEMENT Y:\Public Services New\Webpage\TEMPORARY CONSTRUCTION METERS\Hold harmless agreement for temporary meters (S0155338) 2017.doc Otay Water District, Public Services Division 2554 Sweetwater Springs Blvd Spring Valley, CA 91978-2004 _____________________________________________ requests that Otay Water District (District) install and remove a temporary water meter to be situated on a private fire hydrant at private property located at_________________________________________________ in ________________________, California. In return for District’s prompt installation and removal of said meter, __________________________ (“Indemnifying Party”) hereby agrees to defend, indemnify and hold and save District, its Board of Directors, and each member thereof, officers, officials, certified volunteers, employees, representatives, and their successors and assigns, harmless in all respects from any and all liabilities, demands, costs, damages, claims, penalties, levies, taxes, fines or other expenses resulting from the installation, removal and/or relocation of said meter including, but not limited to, property damage(s) and personal injury(ies) resulting therefrom, regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Should the District be named in a suit, or should a claim be brought against it by suit or otherwise, resulting from or arising out of the Indemnifying Party’s performance of this Agreement, Indemnifying Party will defend District (with attorneys approved by District) and will indemnify District for any judgment rendered against it or any sums paid out in settlement or otherwise. Indemnifying Party shall have no obligation, however, to defend or indemnify District if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of District. _____________________________________________ (Name of legal entity as it appears in all legal documents) Address ______________________________________ City/State/Zip _________________________________ By __________________________________________ Print Name: ___________________________________ Print Title: ____________________________________ Date: ________________________________________ DISTRICT HEREBY ACCEPTS THE WITHIN HOLD HARMLESS AGREEMENT: OTAY WATER DISTRICT 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 By __________________________________________ Print Name: ___________________________________ Print Title: ____________________________________ Date: _________________________________________ Please Note: Before the temporary water meter can be installed/removed this agreement must be fully executed by both parties.