Car Show Participant (PARTICIPANT) shall release, indemnify, defend and hold harmless Orem City (CITY) and its officers, elected officials, employees, agents, volunteers and representatives from and against any and all claims, damages, liabilities, lawsuits, losses, costs and expenses (including attorney’s fees, court costs and expenses), arising out of, caused by, or resulting from (in whole or in part) the negligence, wrongful acts or other acts (or omissions) of PARTICIPANT and its contractors, employees, agents, or representatives performed pursuant to or in connection with this Agreement. This indemnification obligation shall not be limited by any limitation on the amount or type of damages or by insurance limitations. The CITY may, in its sole discretion, conduct its own defense of any claim, damage, loss or expense covered by this indemnification section. If the CITY elects to conduct the defense, PARTICIPANT shall still be liable for any judgment obtained against the CITY (except to the extent resulting from the CITY’s own negligence). Also, if the CITY elects to conduct the defense, PARTICIPANT shall be consulted regarding the attorney(s) used by the CITY and any settlement offers, although the ultimate decision on attorneys used and settlement offers shall be made by the CITY.
