R2008-54 AUTHORIZING AGREEMENT - Laserfiche WebLink

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13. All insurance shall remain in force and effect during performance of any and all work under this contract. Higher minimum limits and additional coverage may be specified by special provision elsewhere in this AGREEMENT. Whether stated here or elsewhere, the CITY does not warrant the adequacy of the types of insurance coverage or the limits of liability specified. 14. EIU shall file with the CITY, certified copies of the original policies or certificates of insurance setting forth the coverage, limits, and endorsements before the CITY will execute the contract. A certificate of insurance shall include the statement that"the coverage and limits conform to the minimums required by the CITY for GIS TURN-KEY MODELS PROJECT", and shall indicate the CITY'S additional insured status. In no event shall any failure of the CITY to receive certificates or to demand receipt be construed as a waiver of EIU's obligation to obtain and keep in force the required insurance. 15. All costs for said insurance shall be considered incidental to the AGREEMENT. Coverage in the minimum amounts set forth herein shall not be construed to relieve EIU from its obligation to indemnify the CITY in excess of the coverage under the AGREEMENT. 16. The cancellation clause on all certificates of insurance shall read as follows: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mai130 days written notice of cancellation to the certificate holder named hereon." 17. This contract may be terminated by CITY with or without cause, upon 30 days written notice to EIU. In the event CITY terminates this agreement, EIU shall provide all deliverables, completed and uncompleted, in its possession as of the date of termination, to CITY, and CITY shall pay EIU for all unpaid services rendered under this AGREEMENT up to the date of termination. CITY shall make such final payment within thirty (30) days of the termination. 18. CITY shall indemnify and hold harmless EIU, its officers, employees, volunteers and agents, against any claims, demands, costs and expenses, including reasonable attorney's fees, for the defense thereof, arising from or in connection with this agreement, provided that said claims, demands, costs and expenses have not been caused or alleged to have been caused in whole or in part by the negligence or willful conduct of EIU, its officers, employees, volunteers and agents. 19. EIU shall indemnify and hold harmless the City, its officers, employees, volunteers and agents, against any claims, demands, costs and expenses, including reasonable attorney's fees, for the defense thereof, arising from or in connection with this agreement, provided that said Page 3 of 4 i