Promote Mexico v. Superior Court CA2/1

BACKGROUND

1. The television sponsorship agreement In January 2016, Promote Mexico and Monster entered into an agreement entitled “Television Sponsorship Agreement” (some capitalization omitted) (television sponsorship agreement or agreement). Promote Mexico is referred to in the agreement as Score International, the name under which Promote Mexico was doing business. The parties later extended the agreement through the end of 2018. The agreement concerns Monster’s sponsorship of television broadcasts of the SCORE World Desert Championship off-road race series and related events, referred to in the agreement as “Events” or, in the singular, “Event.” The agreement identifies Promote Mexico as the “promoter and producer” of the Events. At issue in this writ proceeding is section 6.01 of the agreement, entitled “Indemnification” (underscoring omitted). Subsection 6.01(a) imposes indemnification and defense duties on Promote Mexico toward Monster. It states, in relevant part, “[Promote Mexico] shall indemnify, protect, defend and hold harmless [Monster] . . . from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits,…