DISCOVERY SCIENCE CENTER OF ORANGE COUNTY AND BOWERS MUSEUM (2)

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Senior: Two named seniors Family and up: Two named adults and up to four children age 17 or younger Staff membership: Named adult, plus one guest Bowers Entry Bowers will offer entry to Zoo members as follows: Individual: One named adult Couple: Two named adults or named adult with child cardholder Family and up: Two named adults and up to four children (age 17 or younger) Staff membership: Named adult, plus one guest Bowers will offer entry to Discover members as follows: Dual: One named adult or child cardholder, and one member guest per visit Family and up level: Two named adults and up to four children (age 17 or younger) Staff membership: Named adult, plus one guest IV. INDEMNIFICATION City, Discovery, and Bowers acknowledge this MOU is by and between three independent organizations and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture, or association. For liability purposes, neither organization shall be considered the agent of the other. Discovery shall indemnity, defend, and hold harmless City and/or Bowers, its officers, agents, and employees from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to property resulting from or arising out of any criminal or negligent act of its officers, agents or employees in the exercise of any right or privilege by Discovery pursuant to this MOU. City shall indemnity, defend, and hold harmless Discovery and/or Bowers, its officers, agents, and employees from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to property resulting from or arising out of any criminal or negligent act of its officers, agents or employees in the exercise of any right or privilege by City pursuant to this MOU. Bowers shall indemnity, defend, and hold harmless Discovery and/or City, its officers, agents, and employees from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to property resulting from or arising out of any criminal or negligent act of its officers, agents or employees in the exercise of any right or privilege by Bowers pursuant to this MOU. Except as otherwise provided,all disputes between the parties arising out or relating to this MOU may be decided by means of legal action provided by California state law and venued in Orange County Superior Court. Each party shall pay for its own costs and attorney's fees arising from such legal action. Page 3 of 5