Res 2011-033 - Laserfiche WebLink

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responsibility by approving plans, issuing permits or approvals or making inspections related to the Project. City agrees that Owner shall have no liability or responsibility for any claim arising out of or related to the graphics or other content of the messages specifically requested by the City to be displayed, including but not limited to claims of trademark, copyright or patent infringement, intellectual property violations, inaccurate or misleading content, disclosure of proprietary or confidential information or monetary damages and, to the extent permitted by law City agrees to indemnify and hold Owner harmless therefrom. City also agrees that in no event shall Owner be liable or responsible for any and all consequential damages, special damages, lost profits, or attorneys fees. The provisions of this varazrwh do not apply to messages requested by persons or entities other than the City to be displayed and it is understood and agreed that the City is not responsible for the content of such non -City requested messages. Section 5.05. Force Majeure. A Force Majeure event means an event beyond the reasonable control of a party obligated to perform an act or take some action under this Agreement including, but not limited to, acts of God, earthquake, fire, explosion, war, civil insurrection, acts of the public enemy, act of civil or military authority, sabotage, terrorism, floods, lightning, hurricanes, tornadoes, severe snow storms or utility disruption, strikes, lockouts, major equipment failure or the failure of any major supplier to perform its obligations. Section 5.06. No Waiver of Immunity or Liability. Nothing in this Agreement, and no action of the City under this Agreement, will constitute a waiver of any immunity of the City to suit or to liability or of any limitations on liability granted by law or the Texas Constitution. Section 5.07. No Joint Venture. It is understood and agreed between the parties that the City and the Owner, in executing this Agreement, and in performing their respective obligations, are acting independently, and not in any form of partnership or joint venture. THE CITY ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT, AND THE OWNER AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY SUCH LIABILITIES. EXECUTED in duplicate originals to be effective the date of the last signature below. CITY OF SAN MARCOS: By: Date: Ja es . Nuse, P.E., City Manager (Signatures continue on next page) L