Res 2004-174 - Laserfiche WebLink

Home Browse Search

1- I I I Licensed Software if such infringement would have been avoided by the use of a current unaltered release of the Licensed Software, or (2) the combination, operation or use of any Licensed Software or data with non-Library Corporation programs or data if such infringement would have been avoided by the combination, operation or use of the Licensed Software with other Library Corporation-approved programs or data. 16.4 The foregoing states the entire obligation of The Library Corporation with respect to infringement of patents or copyrights. 16.5 The Library Corporation will procure and maintain insurance in full force and effect with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by The Library Corporation or its agents, subcontractors or employees Before commencing the work The Library Corporation will furnish to the City a certificate or certificates in a form satisfactory to the City, showing that Library Corporation has complied with this paragraph. All certificates will provide that the policy will not be canceled or materially altered until at least 30 days written notice has been given to the City, and will name the City as an additional insured on all coverages except workers' compensation and professional liability. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance' In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $250,000 for injuries to anyone person, $500,000 on account of anyone accident and in an amount of not less than $250,000 for property damage. The stated limits of insurance required by this Paragraph are minimum only--they do not limit The Library Corporation's indemnity obligation, and it will be the The Library Corporation's responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release The Library Corporation from compliance with these requirements. 17. Limitation of Remedies. 17 1 The City's right to recover damages to property caused by The Library Corporation's fault or negligence shall be limited to one million dollars ($1,000,000.00), except for a patent or copyright violation as contained in Section 16 above. The Library Corporation shall not be liable in any event for any damages resulting from the City's use of products, even if advised of the possibility of such damage. This limitation of liability shall apply regardless of the form of action, whether in contract or tort, including negligence. This Agreement shall be subject to the provisions of the Uniform Commercial Code ("UCC"), with all Hardware and Software to be defined as "Goods" under the UCC. 17.2 In no event will The Library Corporation be liable for any damage caused by the City's failure to perform its responsibilities, including daily backup of the Library's Database and subsequent verification, or for any lost profits or other consequential, special, or indirect damages, even if The Library Corporation has been advised of the possibility of such damages. September 2, 2004 Library Contract Page 9 of 29