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macy's
<br />any act or omission of Agency or any of its employees, agents, or representatives. Under no
<br />circumstances shall Property or Macy's West Stores, Inc. be liable for any such harm or liability.
<br />Specifically, Property and Macy's West Stores, Inc. shall not be liable for any claims for loss,
<br />theft, damage, disappearance or injury or death of any person or to any property of any nature,
<br />including without limitation, claims, demands, fines, penalties, actions, judgments, settlements,
<br />liens, damages, losses or costs (including, without limitation, reasonable attorney's fees and
<br />costs (each a "Claim") related directly or indirectly to, or arising out of, the use of the Property by
<br />any person or the use of any other person's property by any person, including without limitation,
<br />Agency, its employees, agents, or other representatives or in transit or delivery to or from the
<br />Property, whether such loss is caused in whole or in part by any act or omission of Property, its
<br />employees, agents, representatives or any other occupant of the Property or any of their
<br />successors or assigns, or of any adjacent or contiguous property, or any other cause.
<br />Agency agrees to indemnify and defend Property, Macy's West Stores, Inc. and its affiliates,
<br />officers, employees, subsidiaries, shareholders and agents (hereinafter jointly referred to as
<br />"Indemnitee") against and hold them harmless from any and all claims, causes of actions,
<br />damages, judgments, cost or expenses, including attorney fees, which in any way arise from the
<br />activity of this agreement and which include but are not limited to damages to or destruction of
<br />any property of the Indemnitee, injury or death of Indemnitee, Agency agents or any third party or
<br />any liability arising from the act or negligent act of the Indemnitee, Agency or a third party.
<br />If any action or proceeding indemnified under this agreement is brought where Indemnitee is
<br />named as a party, if requested by Indemnitee, Agency shall defend any such action or
<br />proceeding, employing counsel selected by Indemnitee at the sole cost of Agency. Agency shall
<br />not settle any Claims that may bind or affect Indemnitee without Indemnitee's prior written
<br />consent. The provisions of this Indemnification shall survive the termination of this agreement
<br />and shall continue in full force and effect with respect to any Claim described herein regardless of
<br />the date on which such Claim may be asserted.
<br />This release and any dispute arising from or involving this release, shall be governed by and
<br />construed in accordance with the laws of the State of California.
<br />Agency hereby freely and voluntarily agrees to this release.
<br />[Signatures follow on next page]
<br />Macy's AP Procedure AP-0026 Law Enforcement Simulation —Active Shooter (Effective 6/21/2022) Page 1 of 2
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