|
• 1
<br /> Mr. Keith Alexander, City of Decatur—May 12, 2014—Page 4
<br /> AWI shall indemnify, defend, save and hold harmless the City, its officers, employees, directors
<br /> and agents, in both their individual and official capacities, from any and all liability, losses,
<br /> attorneys' fees or other costs of defense, expenses, demands, claims, damages, proceedings or
<br /> causes of actions of any kind or nature, including but not limited to those pertaining to any
<br /> federal or state environmental statutes or regulations that the City may suffer, incur, sustain or
<br /> become liable for due to any injury to, or death of, any person or damage to any real or personal
<br /> property, in any way resulting from or arising out of AWI's performance of its duties and
<br /> obligations under this Agreement.
<br /> This Agreement constitutes the sole and entire agreement between the parties with respect to the
<br /> subject matter hereof and supersedes all previous proposals, oral or written, negotiations,
<br /> representations, commitments, and all other communications between the parties.No other terms
<br /> or conditions shall be binding upon AWI unless accepted by it in writing.
<br /> It is expressly understood and agreed that AWI is and shall be an independent contractor in
<br /> respect to its dealings with the City. The City is interested solely in the results and exercises no
<br /> control over AWI in its performance of this Agreement.
<br /> AWI agrees to hold the subject matter of this Agreement as confidential and make no disclosure
<br /> to any third parties except as required by law or to carry out its services provided herewith,
<br /> without prior written approval from the City. Both parties agree that any and all information
<br /> and/or data exchanged between the parties, pursuant to this Agreement, shall be considered
<br /> confidential and proprietary. The City may use any final reports or findings, plans, designs,
<br /> engineering work, or other work performed or prepared by AWI under this Agreement. Reuse of
<br /> such reports or work results by the City for any purpose other than that for which such reports or
<br /> work were originally prepared, or alteration of such reports or work results without written
<br /> verification or adaptation by AWI for the specific purpose intended, shall be at the City's sole
<br /> risk. Reports and documents produced by AWI will be in a format acceptable for the intended
<br /> use of the City.
<br /> AWI warrants that its services will be entirely consistent with the services described herein, and
<br /> that it will stand behind its services.
<br /> Use of the City's name, logo or trademark in any way is expressly forbidden without the written
<br /> consent of the City.
<br /> AWI shall maintain, during the term of this Agreement,the following insurance:
<br /> a) Workers' Compensation in accordance with statutory requirements
<br /> b) Employers' Liability
<br /> Each accident $500,000
<br /> Disease, policy limit $500,000
<br /> Disease, each employee $500,000
<br /> c) General Liability
<br /> Each occurrence (bodily injury and property damage) $1,000,000
<br /> General Aggregate $2,000,000
<br /> d) Excess or Umbrella Liability
<br /> Each Occurrence $1,000,000
<br /> General Aggregate $1,000,000
<br />
|