The City of Port Isabel, Texas, its officers, agents, and employees (hereinafter collectively called "City") shall not be liable or responsible for, and shall be saved and held harmless by (hereinafter called "Applicant") from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the operation of Applicant's carnival in the City of Port Isabel, including claims and damages arising in part from the negligence of city.
It is the expressed intent of the parties to this Agreement that the indemnity provided for in this agreement is an indemnity extended by Applicant to indemnify and protect city from the consequences of city's own negligence, however, that the indemnity provided for herein shall apply only when the negligent act of the city is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of the city is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of Applicant or another person or entity.
Applicant herein further acknowledges he or she has read Ordinance 475C, and the current regulations for carnivals, fully understands their terms and agrees to obey and be bound by their terms and conditions.
(Ord. 475C, passed 2-23-1999)