Indemnification and Liability

Indemnification:

To the maximum extent allowed by law, the undersigned does hereby indemnify, defend and hold harmless the City of Edinburg and their elected and/or appointed officers, officials, agents, employees, volunteers and subcontractors (the “City”) from and against any and all causes of action, claims, liabilities, obligations, judgments, losses or damages, including reasonable attorneys’ fees and cost of litigation (“claims”) arising out of, or in connection with, the participation of the undersigned in the City of Edinburg Events; excepting only loss, injury, damage or cost that arise out of the intentional wrongful acts, violations of law, or the sole active negligence of any of the above named entities.

Limitation of Liability:

The undersigned agrees to limit the City’s liability arising from the City’s acts, errors, or omissions such that the total liability of City shall not exceed the total fees paid by the undersigned to the City in connection with the City of Edinburg Events. The undersigned agrees that City will not be liable for any indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, arising in connection with this Application, the participation of the undersigned in the City of Edinburg Events, or of any other obligations relating to this Agreement, even if City has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the maximum extent allowed by law for limitation of City’s liability, regardless of the cause of action under which such damages are sought.