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b. Confirm all registered Students meet the minimum prerequisites for the applicable training event set forth on Esri's <br />Training website. <br />c. Submit registrations with a confirmed payment commitment at least seven (7) business days prior to the scheduled <br />start date. Registrations submitted without payment commitment will not be a guaranteed reservation and will be <br />added to a wait list pending payment confirmation. All wait list reservations are subject to availability. <br />d. Submit to the Esri Training Event Assistant a list of the names and e -mail addresses of Student[s] who are to attend <br />a Client site or private training event at least three (3) business days before the scheduled start date. Subject to <br />compliance with Article 14 Export Control Regulations, any Student who is a resident of a US embargoed country <br />or is found on any of the various US Government Lists of Parties of Concern or Specially Designated Nationals lists <br />will not be permitted to attend the training event. <br />e. Be responsible for all Student travel arrangements and agrees that Esri is not responsible for losses from <br />nonrefundable travel arrangements due to the denial of Student's participation based on US government export <br />regulation requirements, course scheduling changes, or cancellations. <br />f Complete and submit an Esri Client site training request form, if applicable, and ensure that the class environment <br />adheres to the requirements for Esri Training as found online at <br />http: / /trainina esr com /eatewav /index efmvfa= classroom requirements. <br />g. Ensure Student use of Training Materials provided by Esri complies with the terms of this Agreement. <br />h. Assume full responsibility for Student attending training course(s) under this Agreement. Client agrees to indemnify <br />Esri, its officers, directors, and employees for any and all claims, liabilities, and expenses (including reasonable <br />legal fees) arising out of or based on any uncured material breach by Student of the terms and conditions of this <br />Agreement. <br />4.2 If the Esri Mobile Lab is used, Client will <br />a. Immediately report any existing damage to Esri Mobile Lab equipment to Training Event Assistant, upon receipt of <br />the equipment. <br />b. Keep Esri Mobile Lab equipment in a secure, locked area between training event sessions. <br />c. Ensure that only registered Student[s] use Esri Mobile Lab equipment. <br />d. Be responsible for loss of, damage to, and/or theft of Esri Mobile Lab equipment while in Client's possession. <br />e. Warrant that it maintains sufficient insurance coverage obligations created by this Agreement and by law. <br />f. Allow the Esri instructor to check all Esri Mobile Lab equipment following the completion of training. Any damage <br />to Esri Mobile Lab equipment due to Student use, excluding normal wear and tear, will be brought to the attention of <br />Client by written notice. Client hereby agrees to be financially responsible for any repair or replacement of <br />equipment resulting from such damage. <br />g. Make Esri Mobile Lab equipment available for freight pickup upon the conclusion of the training event. <br />ARTICLE 5— INSURANCE AND INDEMNIFICATION <br />5.1 Insurance. Esri carries, at a minimum, the following coverage: <br />a. Comprehensive general liability or commercial general liability with minimum coverage of one million dollars <br />($1,000,000.00) combined single limit per occurrence for bodily injury, including death, and property damage <br />liability, to include the following: <br />1. Premises and operations <br />2. Blanket contractual liability <br />3. Broad form property damage <br />4. Independent contractors <br />5. Personal injury, with employee exclusion deleted <br />6. Completed operations <br />b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. <br />5.2 Indemnification. Esri will indemnify and hold harmless Client and each of its directors and officers (collectively the <br />"Indemnified Parties ") from and against any and all damages, losses, liabilities, claims, judgments, and settlements, including <br />all reasonable costs, expenses, and attorneys' fees, arising out of any action or claim for bodily injury, death, or property <br />damage brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful <br />E207 Page 2 of 6 10/22/2014 <br />25A -6 <br />