Res 2004-174 - Laserfiche WebLink

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I I I in which case the force of Subsection 12.6 of this Agreement shall no longer apply, and the remaining warranties provided by Section 12 of this Agreement shall remain in effect. 14.7 The Library Corporation reserves the right to charge at the then-published rate for any additional effort which results from the City introducing an Error in the Licensed Software. 14.8 The Library Corporation shall not be responsible for correcting any adverse effects on performance or operation of the System as a result of the City's use of (a) third-party Hardware or Software, and/or (b) Databases and networks external to the Library-Solution System, in conjunction with the Library-Solution System. When resources are available, The Library Corporation will provide consultation services or assistance relating to the City's use of such third-party Hardware and Software, external Databases and networks, and The Library Corporation reserves the right to charge, at the then-published rate, for such services and assistance. 15. Database Subscription Service and Maintenance. 15.1 Online access to The Library Corporation's Databases of cataloging resource data is provided to the City according to the specifications of Schedule E. 16. Patents. CopvriQht, Proprietary RiQhts. Insurance and Indemnitv. 16.1 The Library Corporation will hold harmless, indemnify 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 acts, errors or omissions of The Library Corporation, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims, demands and causes of action for personal injuries, death or damages to property. 16.2 The Library Corporation at its own expense will completely and entirely hold harmless, indemnify and defend the City from any claim or suit brought against the City involving an alleged violation of patents or copyrights resulting from The Library Corporation's or the City's use of any software, documentation and/or data provided or developed by The Library Corporation in connection with the services and products described in this Agreement. The City will provide The Library Corporation with a written notice of any such claim or suit. The City will assist The Library Corporation, in reasonable ways, in the preparation of information helpful to The Library Corporation in defending the City against such a claim or suit. The City retains the right to offset against any amounts owed the The Library Corporation any such monies expended by the City in defending itself against such claims. Should a court order be issued restricting the City's use of any product at the City's sole option, The Library Corporation will, at The Library Corporation's sole expense, (1) purchase for the City the right to continue using the contested product(s), or (2) provide substitute products to the City which are, in the City's sole opinion, of equal or greater quality, or (3) refund all monies paid to The Library Corporation by the City for the product(s) subject to the court order. 16.3 The Library Corporation shall have no obligation to defend the City or to pay costs, damages, or attorney's fees for any claim based upon (1) use of other than a current unaltered release of the September 2, 2004 Library Contract Page B of 29