|
change taking effect. A fee of $100.00, payable to the City, will be charged the Contractor for
<br />administrative costs in processing each name change under this provision. The Contract will then be
<br />modified to reflect the change.
<br />Section 7.11 Force Majeure
<br />In the event that the performance by either party of any of its obligations under the Contract is interrupted
<br />or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the
<br />party is excused from such performance for the period of time reasonably necessary to remedy the effects
<br />of the events.
<br />Section 7.12 Successors and Assigns; Assignment
<br />The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal
<br />representatives to the other party to this Contract and to the partners, successors, assigns and legal
<br />representatives of such other party with respect to all covenants of this Contract. Neither the City nor the
<br />Contractor will assign, sublet or transfer any interest in this Contract without the written consent of the
<br />other, which will not be unreasonably withheld.
<br />Section 7.13 Entire Agreement; Amendments
<br />This Contract represents the entire and integrated Contract between the City and the Contractor and
<br />supersedes all prior negotiations, representations or agreements either written or oral. This contract may
<br />be amended to include additional services, or for other reasons, by mutual consent of the parties. Any
<br />such amendment must be in writing and executed by both parties.
<br />Section 7.14 Written Assurances
<br />Whenever one party to this Contract, in good faith, has reason to question the other party's intent to
<br />perform, the former may demand that the other party give written assurance of intent to perform. In the
<br />event that a demand is made and no such assurance is received within 5 working days, the demanding
<br />party may treat this failure as an anticipatory repudiation of this Contract.
<br />ARTICLE 8
<br />INSURANCE, INDEMNITY AND BONDS
<br />Section 8.1 Indemnity
<br />The Contractor will indemnify, hold harmless and defend the City and its employees, agents,
<br />officers and servants from any and all lawsuits, claims, demands and causes of action of any kind
<br />arising from the negligent or intentional wrongful acts of the Contractor, its employees,
<br />subcontractors or agents. This will include, but not be limited to, the amounts of judgments,
<br />penalties, interest, court costs, legal fees, and all other expenses incurred by the City arising in
<br />favor of any party, including the amounts of any damages or awards resulting from claims
<br />demands and causes of action for personal injuries, death or damages to property, alleged or actual
<br />infringement of patents, copyrights, and trademarks and without limitation by enumeration, all
<br />other claims, demands, or causes of action of every character occurring, resulting, or arising from
<br />any negligent or intentional wrongful act, error or omission of the Contractor and /or its agents
<br />and /or employees. This obligation of the Contractor will not be limited by reason of the
<br />specification of any particular insurance coverage in this Contract.
<br />20
<br />
|