Acknowledgement and Indemnity

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I, the undersigned, certify that the statements made by me are true, complete, and correct to the best of my knowledge. I agree to abide by the rules and regulations as stated in the "Country Boy Marketplace Rules of Operation". I understand that any misstatement or omission of facts in this application may be cause for rejection of this application and/or cancellation of a prior approval of an application.

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I, the undersigned, understand and agree to keep and maintain my vendor space(s) and all areas in and about said vendor space(s) clean and free of debris and any conditions that might potentially result in or cause injury to myself and any other persons or parties. I also understand and agree that I am solely responsible and assume entire responsibility and liability for any claim or actions based on or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with or to have arisen out of or incidental to the condition and quality of any and all products, produce, wares, and matters of any kind that I produce, market, display, serve, and/or sell at, about, or through the Country Boy Marketplace.

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I, the applicant, further specifically agree to fully defend, indemnify, release, and hold harmless Grayson County, the City of Denison, and their respective officials, officers, agents, directors, attorneys, and employees (hereafter referred to collectively as the “Indemnified Parties”) from and against any and all suits, claims, judgments, demands, actions, or causes of action, liabilities (including strict liability), losses, costs, or expenses, including reasonable attorney’s fees and court costs and disbursements, whether arising in equity, at common law, or by statute, or under the law of contracts, torts (including negligence and strict liability without regard to fault) or property, of every kind and character (including claims for personal injury, bodily injury, emotional distress, real and personal property damage and economic loss) (all of which are hereinafter collectively called “Claims”), which may now or in the future be brought or instituted or asserted on account of or growing out of or arising from (i) any failure on my part, my partners, officers, managers, or agents, subtenants, or licensees (“My Parties”) to comply with the provisions of this Agreement, or to comply with the provisions of law applicable to my business, or the provisions of law applicable to the property of the Country Boy Marketplace, or (ii) any and all injuries or damages, including death, to persons or properties relating to the condition, or my use or occupancy of the property of the Country Boy Marketplace, including the operation of my business upon such property, regardless of any extraordinary shifting of risks, and even if the claims are caused by the active or passive negligence or sole, joint, concurrent, or comparative negligence of indemnified parties regardless of whether liability without fault or strict liability is imposed upon or alleged against such indemnified parties, but not to the extent that a court of competent jurisdiction holds in a final judgment that a claim is caused by the willful misconduct or gross negligence of such indemnified parties. The indemnity provided hereby specifically includes, but is not limited to, any loss, damage, or injury sustained by me, and any and all of my agents, employees, invitees, including caterers, and its contractors and patrons whether to person or property and whether the result of negligence, gross negligence, or wrongful conduct. The indemnification shall also include costs of defense, which shall be an attorney of the Indemnified Parties’ choice, court costs, expert witness fees, and any judgment together with pre-judgment and post-judgment interest. Neither Grayson County nor the City of Denison assumes any responsibility for any property placed on or in its facilities or grounds.

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I acknowledge and agree that neither Grayson County nor the City of Denison will provide any security for the market and shall not be liable for any lost, stolen, and/or damaged property, materials, equipment, goods, and any other items associated and/or used in conjunction with the Country Boy Marketplace. I hereby release Grayson County, the City of Denison, their Council Members, Officers, Agents, Representatives, and Employees from, and waives any and all rights to any and all claims for damages, or otherwise, I may have with regard to lost, stolen, and/or damaged property, materials, equipment, goods, and any other items associated and/or used in conjunction with the market.

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