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INDEMNITY AGREEMENT BY BEAR' S COFFEE TO THE <br /> COUNTY OF HAWAII FOR SIDEWALK CAFE TABLE USE <br /> ROBERT P. (PHIL) HENDERSON, dba BEAR'S COFFEE (hereinafter "Bears"), <br /> <br /> whose business address is 106 Keawe Street, Hilo, Hawaii, states as follows: <br /> WHEREAS, Bears operates a coffee shop cafe at 106 Keawe Street in downtown Hilo; <br /> and <br /> WHEREAS, the sidewalk cafe style tables adds positively to the ambiance of the <br /> downtown area; and <br /> WHEREAS, Bears is seeking a sidewalk use permit from the Hawaii County Council, <br /> pursuant to §22-24, Hawaii County Code; and <br /> WHEREAS, §22-25(d), Hawaii County Code, requires that the holder of a sidewalk use <br /> permit provide indemnity to the County, in addition to naming the County an additional insured <br /> pursuant to §22-25(e). <br /> NOW, THEREFORE, BE IT AGREED by Bears that: <br /> 1. As a condition of receiving a sidewalk use permit from the County, Bears has named <br /> the County an additional insured under its general commercial liability insurance policy as <br /> evidenced by Exhibit "A." <br /> 2. As a condition of receiving a sidewalk use permit from the County, Bears agrees to <br /> indemnify and hold harmless the County, its officers, employees, and agents from all claims, <br /> demands, suits, actions or proceedings of every nature, name, chazacter and description, which <br /> may be brought against the County, its officers, employees or agents for or on account of death, <br /> injuries or damages to any person or property received or sustained by any person by or in <br /> consequence of any act or acts of Bears, its owners, employees or agents for actions under the <br /> sidewalk permit to the satisfaction of the County. ~ <br /> IN WITNESS WHEREOF, Beazs has executed this agreement this day of <br /> f~.,w /k al ~ 1997. ~ '~~"(~`~i~.~^ <br /> . i <br /> By <br /> ROBERT P. HENDERSON <br /> Its Owner <br /> <br />