These Terms and Conditions (the “Terms and Conditions”) are attached to and incorporated by reference into the Restaurant Participation Agreement (the “RPA”) by and between The Cleverley Stone Foundation (“Foundation”) and the Restaurant identified in the RPA. Capitalized terms used herein but not defined, shall have the meaning ascribed to the in the RPA.
1. Events of Default. The occurrence of any of the following events by the Restaurant shall constitute an Event of Default:
2 Remedies. In the event that an occurrence of an Event of Default due to the action or inaction by the Restaurant, Foundation shall be entitled to enforce any of the following rights or remedies:
3. Indemnity. RESTAURANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS FOUNDATION FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, LOSS, DAMAGE, OR EXPENSE OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS, FOR DAMAGE TO PROPERTY OF ANY PERSON, FIRM OR CORPORATION OR FOR INJURY TO OR DEATH OF ANY PERSON, ARISING OUT OF RESTAURANT’S PARTICIPATION IN HOUSTON RESTAURANT WEEKS.