Res 2007-137 - Laserfiche WebLink

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Article 6. Liability and Insurance. I The Officer and the City are each independent contractors of the other under the terms of this Agreement. Neither the City nor the Officer (on her behalf or on behalf of the County) will be liable for the actions of, or the failure to act by, any employee, agent or officer of the other party. The City will be responsible for investigating, handling, responding to, and defending claims and causes of action arising from any act, omission or failure to act by the City under this Agreement. The Officer (on her behalf and on behalf of the County) will be responsible for investigating, handling, responding to, and defending claims and causes of action arising from any act, omission or failure to act by the Officer. The City and the Officer (on behalf of the County) will obtain and maintain in full force and effect during this Agreement a policy or policies of insurance, or risk pool coverage, in amounts sufficient to save, protect and insure their respective interests from and against any claim, cause of action or liability arising from their respective actions, omissions or failures to act Article 7. Miscellaneous. Nothing in this Agreement will be deemed to waive, modify or amend any legal defenses available at law or in equity to the County, the City or the Officer, or to create any legal rights or claim on behalf of any third party. Neither the City nor the Officer on her behalf or on behalf of the County waives any defenses whatsoever, including, but not limited to, governmental or official immunity. I Article 8. Notice. Any notice provided for under this Agreement will be forwarded to the following addresses: Hays County Election Administrator 40 l-C Broadway St. San Marcos, TX 78666 City of San Marcos City Manager's Office 630 E. Hopkins San Marcos, Texas 78666 SIGNED AND AGREED UPON THIS THE 7th DAY OF August ,2007. Hays County Election Administrator City of San Marcos ~~~~ lfe owan I 4