Common use of INSURANCE and INDEMNIFICATION REQUIREMENTS Clause in Contracts

INSURANCE and INDEMNIFICATION REQUIREMENTS. Customer acknowledges and warrants that it has adequate liability insurance in place for the property where the Event is to be held. Upon In-N-Out Burger’s request, Customer shall provide In-N-Out Burger with a Certificate of Insurance, or a copy of the homeowners' insurance policy, indicating that adequate liability insurance is in place for the property where the cookout is to be held. A. Except to the extent any action or claim arises out of the gross negligence or intentional misconduct of In-N- Out Burger or any of its employees, owners, officers, directors and agents, Customer hereby agrees to indemnify, defend and hold harmless In-N-Out Burger and its affiliates, related business entities, successors, assigns, employees, owners, officers, directors and agents, and each of them, from and against any and all actions or claims that Customer or Customer’s guests, invitees and representatives may have, and against any and all other actions or claims, which in any way relate to or arise out of Customer’s Event. B. Except for any liability arising out of its gross negligence or intentional misconduct, In-N-Out Burger does not, and shall not be required to, assume any liability for any damages or losses arising from or relating to Customer’s Event. C. Customer hereby acknowledges and agrees that In-N-Out Burger and its employees, owners, officers, directors and agents shall not have any liability to Customer for any claims, liabilities or expenses arising out of or relating to the Event in excess of the fees actually paid by Customer to In-N-Out Burger pursuant to this Agreement, except to the extent any such claim, liability or defense has been finally judicially determined to have resulted primarily from the gross negligence or intentional misconduct of In-N-Out Burger.

INSURANCE and INDEMNIFICATION REQUIREMENTS. A. Customer acknowledges and warrants that it has adequate liability insurance in place for the property where the Event is shall be required to be held. Upon provide a Certificate of Insurance, naming “In-N-Out Burger’s request, Customer shall provide In-N-Out Burger with a Certificate of Insurance” as additional insured, or a copy of the homeowners' ’ insurance policy, policy indicating that adequate liability insurance is in place for the property where the cookout is to be held. In- N-Out Burger shall provide a Certificate of Insurance, naming Pepperdine University as additional insured, showing that they have general liability insurance and vehicle liability insurance. A. B. Except to the extent any action such actions or claim arises claims arise out of the gross negligence or intentional willful misconduct of In-N- Out Burger or any of N-Out, its products, vehicles, associates (employees), owners, officers, directors and agents, Customer hereby agrees to customer shall indemnify, defend and hold harmless In-N-Out Burger and Out, its affiliates, related business entities, successors, successors and assigns, associates (employees), owners, shareholders, officers, directors and agents, and each of them, from against any and all actions or claims of the customer and the customer's guests, invitees and representatives and against any and all actions or claims that Customer or Customer’s guests, invitees and representatives may have, and against any and all other actions or claims, which in any way relate to or arise out of Customer’s Eventthe event. B. C. Except for any liability arising to the extent such actions or claims arise out of negligence or willful misconduct of Pepperdine University, its gross employees, owners, officers, directors and agents, In-N-Out Burger shall indemnify, defend and hold harmless Pepperdine University against any and all actions and claims which arise from the negligence or misconduct of In-N-Out Burger or its employees. D. Except through its own negligence, bad faith, or intentional misconduct, In-N-Out Burger does not, and shall not be required to, assume any liability for any damages or losses arising from or relating to Customer’s Event. C. loss whatsoever. Customer hereby acknowledges and agrees that In-N-Out Burger and its employees, owners, officers, directors and agents employees shall not have any liability be liable to the Customer for any claims, liabilities liabilities, or expenses arising out of or relating to the Event this cookout for an aggregate amount in excess of the fees actually paid by the Customer to In-N-Out Burger pursuant to this Agreementengagement, except to the extent any such claim, liability or defense has been finally judicially determined to have resulted primarily from the gross negligence negligence, bad faith, or intentional misconduct of In-N-Out BurgerOut.