A. The responsible party shall assume all liability for losses, expenses, damages, demands or claims in connection with, or arising out of, any injury or damage sustained or alleged to have been sustained by any person, corporation, firm or company, or any damage or alleged damage to property in connection with the occupancy, maintenance, or use of all or any part of said premises by the responsible party and any invitee using the premises. Nothing herein shall prevent the city from taking any legal action against an invitee independent of or in addition to any action taken against the responsible party.

B. The responsible party shall indemnify and hold harmless the city of Talent, including the city council, agents, employees and volunteers for, from and against any and all such losses, expenses, damages, demands, and claims; shall defend any suits or actions brought against any of them, based on any such alleged injury or damage; and shall pay all damages, costs, and demands, including attorney fees and expert witness fees in connection therewith, or resulting therefrom.

C. The city may require the responsible party to maintain general liability insurance coverage with minimum limits of $1,000,000 and any additional insurance required by the city to protect the city’s interests due to the special nature of the contemplated use of the premises. The insurance must be provided by a responsible company meeting or exceeding the city’s minimum insurance requirements. If required by the city, the responsible party must provide the city with a certificate of insurance naming the city of Talent as an additional named insured. At the time the application is filed, the applicant may submit a written request to have the city waive the requirement of providing a certificate of insurance. The city, at its sole discretion, may waive or modify the requirements for indemnification and liability insurance only if waiving indemnification and insurance will not result in a serious risk of loss for the city. [Ord. 807 § 12.]