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L. Indemni
<br /> 1. The Consultant shall be responsible for the acts and omissions of its officers, agents, and
<br /> employees in connection with this project and shall indemnify, defend, and hold harmless
<br /> the City, its officers, agents, and employees, from and against any and all claims,
<br /> demands, suits, actions,proceedings,judgrnents, losses, damages, injuries,penalties,
<br /> costs, expenses (including attorney's fees), and liabilities which arise from Consultant's
<br /> negligent performance under this Agreement.
<br /> 2. The City shall be responsible for the acts and omissions of its officers, agents, and
<br /> employees in connection with this project and shall indemnify, defend, and hold harmless
<br /> Consultant from and against any and all claims, demands, suits, actions,proceedings,
<br /> judgments, losses, damages, injuries,penalties, costs, expenses (including attorney's
<br /> fees), and liabilities arising from their negligence.
<br /> 3. With respect to any and all claims, demands, suits, actions,proceedings,judgments,
<br /> losses, damages, injuries, penalties, costs, expenses (including attorney's fees), and
<br /> liabilities which arise from the joint or concurrent negligence of Consultant and the City,
<br /> each party shall assume responsibility in proportion to the degree of its respective fault.
<br /> M. Patents and Copvri�.
<br /> 1. The Consultant agrees to defend,protect, and hold harmless the City, its officers, agents,
<br /> and employees against any and all liability and demands for actual or alleged
<br /> infringements of any patents or copyrights or other intellectual property right by reason of
<br /> any use by the City of anymaterial,machines, software, or systems furnished by
<br /> Consultant under this contractual agreement.
<br /> 2. The City agrees to defend, at its expense, and to indemnify Logical against any award of
<br /> damages and costs based on the claim that any materials or documentation provided by
<br /> the City to Logical during this engagement infringe aU.S. patent, copyright or other
<br /> intellectual property right of any third party.
<br /> N. The Consultant shall be responsible for obtaining and paying for any and all permits, licenses,
<br /> and approvals required to perform tasks contracted through this contract. The installation shall
<br /> be in complete compliance with the Building Codes, Fire Codes, and any other such legal
<br /> requirements,to include lightening protection, as may be necessary for the location in which the
<br /> contract is effected
<br /> O. The Consultant shall assume full responsibility for all hardware, software, and equipment
<br /> until final system acceptance tests are completed and the system is accepted by the City. All
<br /> equipment warranty periods will begin at the time of shipment by the manufacturer,provided that
<br /> in no case shall said-warranty period begin earlier than the date of execution of this agreement
<br /> Page 6 of 12 Pages
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