Res 2003-076 - Laserfiche WebLink

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Section 5.11 Force Majeure hi the event that the performance by either party of any of its obligations under tile Contract is interrupted or delayed by eveats outside of their control such as acts of God, war, riot, or civil commotion, then the party is excnsed fi'om sucb 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, tbeir partners, successors, assigns and legal representatives to the other party to tbis 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, snblet or transfer any interest in this Contract without tbe written consent oftbe other, which will not be unreasonably withheld. Section 5.13 Entire Agreement This Contract represents the entire and integrated Contract between the City aud tbe Contractor and supersedes all prior uegotiations, 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, tile former may demand that the otber party give written assurance of intent to perform. In the event that a demand is made and no sucb 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, bold harmless and defend the City and its employees, agents, officers and servants from ally and all lawsuits, claims, demauds and causes of action of any kind arising fi'om 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, penalties, interest, court costs, legal fees, and all otber expenses incurred by the City arising iu favor of any party, including the amounts of any damages or awards resulting fi'om claims demands and canses of action for personal injuries, death or damages to property, alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising fi'om any negligent or intentional wrongful act, error or omission oftbe Contractor and/or its agents and/or employees. This obligation of the Contractor will not be limited by reason of the specification of any particular insurance coverage in this Contract. Section 6.2 Insurance The Contractor will procure and maiutain at its expense insurance in the kinds and amounts bereinafter Page 9