Applicant will indemnify, defend, and
hold harmless the City and its officers, employees, agents, successors and
assigns (collectively, the “Indemnified Parties”) from and against any
liability, actions, claims, demands, costs, losses or damages, including
reasonable attorneys’ fees resulting from or arising out of this Agreement, or
which are related to Applicant’s (including its officers, managers, employees,
contractors, agents, and volunteers) business conduct and operations, any
violation of any laws by Applicant (including its officers, managers,
employees, contractors, agents, and volunteers) or its customers, or any bodily
injury (including death) or damage to property arising out of or in connection
with any use, misuse, placement or mis-placement of any of Applicant’s electric
scooters or Applicant’s performance or
non-performance of any service or act covered by the Arkansas Electric Motorized Scooter Act, Ark. Code Ann. §
27-51-1901, et seq. or Chapter 75, Electric Motorized Scooters and
Scooter-Share Programs of the Fayetteville City Code. Such obligations
shall survive beyond the end of the term of this agreement and any permit
period.