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Keep Alamogordo Beautiful
800 E. 1st Street
Alamogordo, NM 88310
The persons listed below with their signatures acting through themselves or their authorized agent, hereinafter referred to as “Organization”, for consideration
agrees to defend, protect, indemnify and hold harmless the City of Alamogordo, Keep Alamogordo Beautiful hereinafter “City” and the New Mexico Department
of Transportation hereinafter “Department”, acting through its agents, representatives and employees, from and against any personal injury, property damage,
liabilities, claims, damages, losses or expenses (including but not limited to attorney’s fees, court costs and the cost of appellate proceeding) arising out of or
resulting from the negligence, act or omission of the Organizations, its agents, members, representatives or employees in the performance of litter control or
beautification on the following road(s)/area)s, Provided, however, that such indemnification shall not extend to liability, claims,
damages, losses or expenses, including attorney’s fees arising out of the giving of or failure to give directions or instructions by the City and the Department is
primary cause of bodily injury to persons or damages to property. Additionally, this agreement is subject in all cases to the immunities and limitations of the New
Mexico Tort Claims Act (NMSA 1978, Sections 41-1-1 eq seq., as amended) and the common law, suffered by the Volunteer, its members and participants, the
City, the State, or by third parties resulting from the performance of litter control or beautification activities for the duration of their contract with the City and the
NM DOT Adopt-A-Highway program on their designated area.
Safety instructions attached to this form have been read and will be followed by the Organization throughout the duration of the litter control or beautification
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