Vendor, on behalf of him or herself and his or her heirs, executors and administrators and invitees, shall investigate, defend, indemnify and hold the City and the respective officers, agents and employees of the City harmless from and against all liabilities, obligations, damages, penalties, claims, costs, charges and expenses (including reasonable attorneys’ fees) by reason if injury or death of any person, or damage to or destruction of any property which may be imposed upon, incurred by or asserted against the City, or the respective officers, agents and employees of the City arising out of the use or enjoyment of the Morro Bay Harbor by the Vendor or invitees of the Vendor.
Vendor hereby releases, waives, discharges and covenants not to sue the City of Morro Bay, its employees, officers, and agents (hereinafter referred to as “releasees”) from all liability to Vendor, his or her personal representatives, assigns, heirs, next of kin and invitees for any loss, damage, or claim therefore on account of injury to the person or property of Vendor or Vendor’s invitees, whether caused by any negligent act or omission of the releasees or otherwise while the Vendor or invitees of the Vendor is engaged in any way with the use or enjoyment of the City of Morro Bay Harbor Department.
Vendor acknowledges that no representation of fact or opinion has been made by the City of Morro Bay or any of its respective officers, employees or agents, to induce this release, and that Vendor has signed this release freely and voluntarily, after having read it completely, and with full knowledge of any rights or privileges that Vendor may be waiving or releasing.