Hold Harmless Agreement
This HOLD HARMLESS AGREEMENT(this “Agreement)” is made effective on the purchase date by and between OFG Garage LLC(hereinafter, “OFG”, of Portland, Oregon, 97219 and the purchaser. OFG Garage LLC and the purchaser are sometimes individually referred to as “Party” and collectively referred to as the “Parties.”
WHEREAS, the purchaser desires to hold harmless OFG from any claims and/or litigation arising out of the purchaser’s actions in connection with installing or using a product sold by OFG Garage LLC,
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, OFG and the purchaser hereby agree as follows;
1. Hold Harmless. The purchaser shall fully defend, indemnify, and hold harmless OFG from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, or any kind whatsoever (including without limitation all claims for monetary loss, property loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of OFG, it’s officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to OFG for all legal fees, and costs incurred by it.
2. Authority to Enter Agreement. Each party warrants that the individuals who have entered this agreement through the sale by OFG and the purchase by the purchaser have the actual legal power, right, and authority to make this agreement and bind each respective Party.
3. Amendment; Modification. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing and signed by both Parties.
4. Waiver. No waver or any default shall constitute a waiver or any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
5. Attorney’s Fee and Costs. If any legal action or other proceeding is brought in connection with this agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.