Res 2009-009 - Laserfiche WebLink

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The Contractor is responsible for the performance of the Contract. In the event the Contractor changes its name, the City Manager must be notified in writing immediately. No change in the obligations of this agreement will be recognized until such change is approved by the City Manager. A fee of $100.00, payable to the City, will be charged the Contractor for administrative costs in processing each change under this provision. The Contract will then be modified to reflect the change. Section 5.11 Force Majeure In the event that the performance by either party of any of its obligations under the Contract is interrupted or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Section 5.12 Successors and Assigns; Assignment The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Contract. Neither the City nor the Contractor will assign, sublet or transfer any interest in this Contract without the written consent of the other, which will not be unreasonably withheld. Section 5.13 Entire Agreement This Contract represents the entire and integrated Contract between the City and the Contractor and supersedes all prior negotiations, representations or agreements either written or oral. Section 5.14 Written Assurances Whenever one party to this Contract, in good faith, has reason to question the other party's intent to perform, the former may demand that the other party give written assurance of intent to perform. In the event that a demand is made and no such assurance is received within 5 working days, the demanding party may treat this failure as an anticipatory repudiation of this Contract. ARTICLE 6 INSURANCE, INDEMNITY AND BONDS Section 6.1 Indemnity The Contractor will indemnify, hold harmless and defend the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts of the Contractor, its employees, subcontractors or agents. This will include, but not be limited to, the amounts of judgments, Page 10