Indemnification - Use of EV Charging Station

To the fullest extent permitted by law, Shareholder/tenant (s), residents, or other users of this charging station agree to indemnify, defend and hold harmless the Cooperative and/or its Managing Agent from any and all claims, suits, damages, liabilities, professional fees including attorneys’ fees, costs, court costs, expenses and disbursements related to death, personal injuries or property damage (including loss of use thereof) arising out of or in connection with use of a charging station located at the Cooperative. The Shareholder / Tenant understands and agrees that the charging station is gratuitously provided by the Cooperative and the Cooperative has no responsibility for same, in any manner, shape, or form, and that the Shareholder/ Tenant or other users specifically understands that he/she/they are using the Charging Station at their sole risk.

This agreement to indemnify specifically contemplates (1) full indemnity in the event of any injury or damage as a result of the use of the Charging Station as well as any liability imposed against the Cooperative and/or Managing Agent and solely by reason of statute, operation of law, or otherwise, and (2) partial indemnity in the event of any actual negligence on the part of the Cooperative and/or Managing Agent causing or contributing to the underlying claim, in which event, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault, whether by statute, by operation of law, or otherwise.

Shareholder / Tenant herewith agrees that if any claim is made against the Cooperative and/or Managing Agent, then Shareholder / Tenant will hold the Cooperative and Managing Agent harmless as against any such claim, judgment, loss, penalty, expense, damage, injury, attorney's fees, costs, disbursements, and the like as a result of any such claim and will indemnify the Cooperative and its Managing Agent as a result of any such claim and for any judgment, claim, loss, penalty, expense, damage, injury, attorney's fees, costs, disbursements and the like and will pay for same.  The Cooperative and Managing Agent will be entitled to retain their or its own counsel, at the expense of the Shareholder / Tenant for the defense of any such claim, action or litigation.