Horse Donation Form (Page 2 of 4) in pdf

4. Indemnification: Donor hereby agrees to indemnify, defend and hold

harmless The Foundation, board of directors, advisory board, employees, and

agents from and against all and any losses, damages deficiencies, claims,

demands, suits, actions, liabilities, proceedings, judgments, and expenses

(including reasonable attorney’s fees), and amounts paid to be paid settlement,

reasonable incurred or suffered by The Foundation, board of directors,

advisory board, employees, or agents with or arising out of:

a. A breach of any agreement and/or representation of Donor contained

in this Agreement:

b. Any suit, action or other proceeding brought by a third party for acts of

Donor prior to the date of transfer of the Horse to The Foundation

involving any transactions, either directly or indirectly, relating to the

Horse:

c. Any suit, action or other proceeding brought by a third party of any

damages arising from the use, activities or other transactions in which

the Horse may have been involved, either directly or indirectly, prior

to the date of transfer herein.

5. Right of Defense: Donor hereby agrees at The Foundation’s option to defend

The Foundation in any such matters arising under paragraph 4 above, or The

Foundation may maintain its own counsel, in which case Donor shall

reimburse The Foundation for such reasonable fees and costs.

6. Notice of Claim: Should any claim be made in which The Foundation is

entitled to indemnification (a “claim”), The Foundation shall, within twenty

(20) days of receipt of such Claim, give written notice thereof to Donor.

7. Notices: All notices required or permitted hereunder shall be in writing and

shall be delivered in person, via facsimile or other written telecommunication,

or sent by certified mail, return receipt requested, postage prepaid to the

addresses of The Foundation and Donor set forth by their respective

signatures below. Each party may change such address by written notice as

provided herein.

8. Governing Law: This Agreement and the rights of the parties hereunder shall

be governed and construed in accordance with the laws of the State of

California.

9. Attorney’s Fees: In the event of any dispute or litigation arising out of or

relating to the meaning, interpretation or breach of this Agreement or

compliance or noncompliance the terms of this Agreement, the prevailing

Horse Donation Form Page 2