Indemnification: By execution of this Application, the undersigned Music on Main Vendor and/or its representative and agents release and hold harmless the Downtown Bozeman Association (DBA), its staff, directors and representatives, as well as the City of Bozeman, its employees and representatives, from any claim that is made against or by the undersigned Music on Main Vendors as a result of participating in the Music on Main concert series on Main Street of Bozeman, Montana on the dates contracted. The undersigned Music on Main Vendor further agrees to indemnify the Downtown Bozeman Association, as well as the City of Bozeman, for any costs or damages either may suffer as a result of any acts or omissions by the undersigned Music on Main Vendor, its principals, agents, representatives, or employees. This indemnification will include not only the damages claimed by any person who suffers a personal injury, or damage to property, but also all court costs and attorney fees incurred by any indemnitee. Prior to erection of a food booth on Main Street by Music on Main Vendor, Music on Main Vendors agrees to carefully inspect the area of vendor’s booth for any unforeseen hazards and will also independently verify that any services provided by the DBA, the City of Bozeman for Music on Main Vendor’s use before during, or after Music on Main are safe and appropriate for such use before commencement of actual use. Failure on the part of Music on Main Vendor to independently verify that such services are safe and appropriate shall be deemed a waiver of Music on Main Vendor’s right to maintain an action against DBA or the City of Bozeman, to the fullest extent allowed by law. The undersigned Music on Main Vendor agrees to comply with Music on Main vending rules and regulations.