R2019-193 Resolution Amending Mass Transit Management Agreement with MV Transportation, Inc.

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commencement of the work under this Agreement, CONTRACTOR shall provide CITY with certificates of insurance evidencing the required coverage. i. Section 18 WAIVER OF SUBROGATION is hereby deleted in its entirety and replaced with the following: Section 18. CONTRACTOR INDEMNITY. Contractor shall indemnify, defend, protect and hold harmless the CITY, and the CITY's officers, directors, employees, stockholders, agents, representatives, subsidiaries, and affiliates, at all times from and after January 1, 2020, from and against all liabilities, losses, claims, or damages incurred by any of such indemnified parties as a result of any damage to property or injury to or death of any persons occasioned by the negligent or willful acts or omissions of Contractor, in each case except to the extent such liabilities, losses, claims, or damages were caused by the negligence or willful misconduct of any of such indemnified parties. j. Appendices. The attached Appendix C, Appendix D, and Appendix E are hereby added to the Agreement. 2. Effect on Agreement. Except as specifically amended hereby,the terms and provisions of the Agreement are in all other respects ratified and confirmed and remain in full force and effect without modification or limitation. 3. Governing Law: This Amendment shall be governed by and construed under the laws of the State of Illinois, without regard to principals of conflicts of law. 4. Counterparts. This Amendment may be executed simultaneously in one or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. Faxed and e-mailed copies of manually executed signature pages to this Amendment will be fully binding and enforceable without the need for delivery of the original manually executed signature page. [signature page follows]