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HomeMy WebLinkAboutIndemnity AgreementCOVENANT NOT TO SUE WITH INDEMNITY AGREEMENT (LEA) PAGE 1 OF 2 STATE OF: CALIFORNIA. COUNTY OF: _SAN DIEGO Know all by these present that the United States Government, has delivered by means of transfer, unto National Citv Police Department, hereafter referred to as ("RECIPIENT") the following described Multi - Purpose Canine(s), thereafter referred to as ("MPC") to wit MARCO, , MALE, INTACT BELGIAN MALINOIS, DOG, WHELPED 25 NOVEMBER 2010, ELIMINATED FROM THE NAVAL SPECIAL{ WARFARE GROUP ONE MULTI -PURPOSE CANINE PROGRAM. Recipient hereby stipulates and guarantees that the cat ine(s) provided under this agreement are being acquired for use by RECIPIENT for the purpose of BETERE1VJENT. It is hereby agreed by both parties that the adoption of said canine(s) is not being accomplished with the intent that said canine(s) be resold by RECIPIENT to a third party. If RECIPIENT fang to comply with this provision and places the canine(s) provided under this agreement for sale, the RECIPIENT shall reimburse NAVAL SPECIAL WARFARE GROUP -ONE (NSWG-1) for the full market replacement value of the canine(s) provided under this agreement at a rate set by NSWG-1. The NSWG-1 reserves the right to pursue all available legal recourse should RECIPIENT be found to have procured the canines provided under this agreement under false pretenses. Recipient, in consideration of the transfer of above referenced MPC(s), the receipt,of which is hereby acknowledged, does hereby covenant and agree with the United States Government and the executors of administrators, will never institute or in any way aid in the institution of any suit, action at law, or make any claim against the United States Government, Department of Defense, NSWG-1, or any employee or servant thereof, for or by reason of any damage, loss, or injury either to person or property or both or wrongful death, which may be caused directly or indirectly by the above described MPC, however and whenever the same may be caused. And in further consideration of the transfer of said MPC, recipient hereby agrees to indemnity the United States Government, Department of Defense, and NSWG- land any and all services be employed by the Government, the Department of Defense and NS WG-1, through its agents and representatives, that Recipient, or his heirs, assigns; executors of administrators, will never institute or in any way aid in the institution of any suit, action at law, or make any claim against the United States Government, Department of Defense, NSWG-1 or any employee or servant thereof, for or by reason of any damage, loss, or injury either to person or property or both, which may be caused directly or indirectly by the above described canine(s), however and whenever the same may be caused. And in further consideration of the transfer of said canine(s), Recipient hereby agrees to indemnity and waive any and all future action, both at law and equity, the United States Government, Department of Defense, NSWG- 1, and any and all servants or employees thereof; against any and all claims for injury or damages, compensation or otherwise, which may arise at anytime whatsoever, and which are attributable directly or indirectly to the above described canine(s), or to any training given the above described canine(s) by the United States Government, Department of Defense, or NSWG-1, and to reimburse or make good any loss or damages or cost the United States Government, Department of Defense, NSWG-1, or any servants or employees thereof may have to pay if litigation arises on account of any claims made by Recipient , its successors, or assigns, or by any other party, whatsoever, who, may institute any type of claim against the United States Government, Department of Defense, NSWG-1, or against any servant or employee thereof. Recipient further makes the promise that the canine(s) will not be used for any illegal purpose, all in consideration of the transfer of the above described canine(s) to Recipient by the United States Government, the Department of Defense, and NSWG-1, through its agents or representatives' receipt of which is hereby acknowledged. In making this agreement, the Recipient acknowledges that the above mentioned canine(s) HAS RECEIVED NSWG-1 Aggressiveness (Patrol) training, and having such knowledge, said owner, as a condition of being the recipient of the canine, thus freely and voluntarily accepts all risks and consequences of the future conduct and acts of the canine(s). End (2) COVENANT NOT TO SUE WITH INDEMNITY AGREEMENT (LEA) Jose Tellez, Captain National City Police Dept. 619-336-4513 itellez(34nationalcityca.gov PAGE 2 OF 2 CW03 CHAD CLEMENT NAVAL SPECIAL WAREFARE GROUP ONE, MULTI -PURPOSE CANINE AGENT/REPRESENTATIVE OF THE UNITED STATES GOVERNMENT