HomeMy WebLinkAboutMercury Marine INDEMNITY AGREEMENT
For and in consideration of the use of the Mercury Marine
"Rescue Boat" , the City of Oshkosh and its Fire Department,
Oshkosh Fire Department, agree and covenant that it will
indemnify and hold Brunswick Corporation, of which Mercury
Marine is a Division, and its employees, servants, officers
and agents harmless from any liability for injury or damage
to person or property of any kind or nature whatever,
including but not limited to any liability which allegedly
arises out of making that Rescue Boat available for use by the
Oshkosh Fire Department, acts or omissions which may occur
during the operation or use of that Rescue Boat by the Oshkosh
Fire Department, alleged to arise out of the training or
knowledge of the operators or users of that boat, or by virtue
of any alleged defects or deficiencies in the boat, its motor
or equipment. This indemnity agreement shall be construed in
the broadest possible context such that the City of Oshkosh
and Oshkosh Fire Department will be insulating the Brunswick
Corporation, its Mercury Marine Division, and its agents,
servants, officers and employees from any liability whatever
alleged to have arisen as a result of making its Rescue Boat
available to the Oshkosh Fire Department.
This agreement shall apply to the claims, demands,
complaints or causes of action asserted by any person or
entity, specifically including but not limited to the
employees, agents, officers or servants of the Oshkosh Fire
Department. The City of Oshkosh and Oshkosh Fire Department
specifically agree to indemnify and hold the Brunswick
Corporation, its officers, agents, servants and employees
harmless from any assertion of liability alleged to arise out
of any acts or omissions of the Mercury Marine Division of
Brunswick Corporation, its agents, servants, officers or
employees; as well as liability that may arise out of the acts
or omissions of the Oshkosh Fire Department and its agents,
servants, officers and employees.
The City of Oshkosh and Oshkosh Fire Department also
agree to be responsible for and pay for any damages to the
Rescue Boat and associated equipment in questions of
whatsoever kind or nature, regardless of negligence or fault
on the part of the Oshkosh Fire Department, its agents,
servants, officers or employees, which arises during use of
the boat by the Oshkosh Fire Department, its agents, servants,
officers or employees. In the event the Rescue Boat is
damaged during such use beyond the point where it can be
usefully and economically repaired, the City of Oshkosh and
Oshkosh Fire Department agree to reimburse Mercury Marine for
the reasonable replacement value of that boat based on the
then existing retail purchase price of as nearly identical a
boat, comparably equipped, as can be identified by Mercury
Marine and the Oshkosh Fire Department.
In the event that the Brunswick Corporation receives any
demand, claim, or complaint; or is made a party to any lawsuit
or other proceeding as a result of making the Rescue Boat
available to the Oshkosh Fire Department, through the
operation or use of that boat by the Oshkosh Fire Department,
as a result of training or information regarding the operation
and use of the boat which Mercury Marine might provide, or by
virtue of any other act or omission alleged on the part of the
Mercury Marine Division of Brunswick Corporation, its agents,
servants, officers or employees, the City of Oshkosh and
Oshkosh Fire Department agree that the defense or handling of
such matter may be immediately tendered to the City of Oshkosh
and Oshkosh Fire Department and the City of Oshkosh and
Oshkosh Fire Department will assume the defense of and hold
Mercury Marine harmless from any court costs, attorneys fees,
expert witnesses expenses, or damages awarded pursuant to this
agreement; and Brunswick Corporation can immediately interpose
this agreement and enforce its terms so as to be insulated
from any proceedings or costs incurred in the defense of such.
Signed and sealed this c0., day of Y7Ia� 192?:
CITY OF OSHKOSH, a municipal corporation
p OV D
crrf ATTOR► IJ City` nager - Wi 1 1 am D. Frueh
And: 12th' LP• 7,61) )
Donna C. Serwas, City Clerk
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