R98-114 AUTHORIZING AGREEMENT - Laserfiche WebLink

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. � , 5. FEE ADJUSTMENT. If the Center fails to achieve any of the annual service standards listed in paragraph 3 hereof, the Center and the City hereby agree that the final monthly fee payment shall be reduced Seven Hundred Fifty Dollars ($750.00) for each such standard not substantially achieved. 6. RECORDS. The City transferred to the Center possession of certain client records in its possession on July 17, 1995. At the termination of this Agreement, or any extensions thereof, the Center shall return all such client records in their possession to the City, with the permission of the clients. 7. INDEPENDENT CONTRACTOR. The Center shall perform the herein described functions and services for the City as an independent contractor, not as an employee or agent thereof, and the City shall have no right to control or direct the operations of the Center in its compliance herewith except as expressly listed herein. 8. RELEASE. The Center does hereby fully and forever, on its own behalf, release and discharge the City, and the City Council members, City employees, officers and agents, in both individual and official capacities, from any and all claims, demands, damages, rights of action or causes of action, present or future, whether due to negligence or otherwise, resuTting from or arising out of the Center's performance of its duties and obligations hereunder. 9. INDEMNIFICATION. The Center shall indemnify and hold hannless the City and its Council members, officers, employees and agents, in both individual and official capacities, from all claims for bodily injury, death or property damage resulting from or arising out of the Center's performance of its duties and obligations hereunder, and from all costs, demands, suits, losses,