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HomeMy WebLinkAboutC03-035 MGM Rental dba National Car Rental and Alamo Rent A Car.a. -- INDEMINITY AGREEMENT THIS INDEMNITY AGREEMENT is made and entered into this 3 ~ day of .J,~-,v'~~y'~ , 2003, by MGM Rental LLC, d/b/a National Car Rental and Alamo Rent A Car ("Concessionaire") and Eagle County Air Terminal Corporation, anot-for-profit 63-20 Corporation of the State of Colorado. Concessionaire entered into an Agreement for the Operation of Rental Car Services at the Eagle County Air Terminal dated November 13, 2001 ("Original Agreement") to operate a rental car concession at the concession space identified in the Original Agreement. Concessionaire is desirous of operating both the National Car Rental and Alamo Rent A Car brand names under the Original Agreement. In consideration of the terms and conditions of the Original Agreement and the execution of the Concessionaire Agreement to permit the operation of both the National Car Rental and Alamo Rent A Car brand names under the Original Agreement, the sufficiency of which is hereby acknowledged, Corporation agrees to provide County with the additional Indemnity Agreement contained herein. Indemni Concessionaire hereby agrees to release and indemnify and save harmless County, its officers, agents and employees from and against any and all loss of or damage to property, or injuries to or death of any person or persons, including property and employees or agents of the County, and shall defend, indemnify and save harmless County, its officers, agents and employees from any and all claims, damages, suits, costs, expense, liability, actions, penalties or proceedings of any kind or nature whatsoever, including worker's compensation claims, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or indirectly, its operations of either the National Car Rental or Alamo Rent A Car brand names, its construction of any improvements relating to the operations of either the National Car Rental or Alamo Rent A Car brand names, or its use and occupancy of any portion of the Airport and including acts and omissions of officers, employees, representatives, suppliers, invitees, contractors, subcontractors, and agents of the Concessionaire; provided, that the Concessionaire need not release, indemnify or save harmless the County, its officers, agents and employees from damages resulting from the sole negligence of the County's officers, agents and employees. Scope of Indemnity This Indemnity Agreement is in addition to that Indemnification set forth in the Original Agreement ("Original Indemnity") and shall not limit, in any manner, the scope of the Original Indemnity or the minimum insurance requirements set forth therein. The purpose of this additional Indemnification Agreement is for Concessionaire to specifically acknowledge that, in addition to the general indemnification assurances contained herein, Concessionaire will indemnify County, to the fullest extent permitted by law, against any claims or challenges arising from County's approval of Concessionaire's dual-branding request to operate both the National • ~ Car Rental or Alamo Rent A Car brand names under the same Concessionaire Agreement. Should it become necessary for the purposes of resisting, adjusting, of compromising any claims or demands arising out of County's approval of Concessionaire's dual-branding request for County to incur any expenses or become obligated to pay any attorneys' fees or court costs, Concessionaire agrees to reimburse County for such expenses, attorneys' fees, or costs within a reasonable time, in no event to exceed forty-five (45) days, after receiving written notice from County of the incurring of such expenses, attorneys' fees, or costs. Such expenses, attorneys' fees, or costs shall include the defense of County by its own attorneys or the hiring of outside counsel to represent County's interests IN WITNESS WHEREOF, the Concessionaire has executed this Amendment on the day and year first above written. CORPORATION: Eagle County Air Terminal Corporation By: CONCESSIONAIRE: MGM Rental LLC, d/b/a National Car Rental and Alamo Rent A Car By: ~ . William McDonald, Member