Res 1997-092 - Laserfiche WebLink

Home Browse Search

4J,Þ amount of S2,000,000; (iii) :\Iotor \'ehick Liability - for Bodily Injury and for Property Damage, a combined single limit amount, in the amount of S2,000,000. \VilTd shall make all payments in accordancè with unemplo)mèI1t, old age, and othèr insurance and social security provisions ofthè federal, statè and municipal go\'emments and all othèr goveming bodies, pursuant to laws made and provided for that PUrpOSè. whdhèr enacted at thè time of or prior to è::.;:ecution of the Contract or during the progress of the work heœunder and shall assume all liability for the compliance \vith thè requiremènts therèof To the è:-.1crlt thè damage, loss or thdt is causçd by the nègligènce of\VilT d, \ViIT d shall assume all liability for Ù~uriès to or loss of Customer propcrty or the property of any othèr contractor which may bè employed by Customèr in customèr Premisès or to any adjoining propèrty or the property of any third pèrson or subcontractor and by the employees of each of them and shall, at its own expensè, and subject to the limitations Sèt forth in this Agreèmènt, indènmify the Customèr for any such damagè, loss or theft. Thè liability of \ViIT d undèr this sèction is not depèndènt upon thè failure of Customer to direct \VilT d to take any particular precaution or rdrain from doing any particular act. 14) S{jSPE~SION OR TERi\IDi'ATION OF 'YORK. Customer shall have the right to order the work of\VilTd or any subcontractor wholly or partially stopped if the materials fumished or the work done is not in strict accordance with thè provisions and specifications ofthè Contract and may, after providing WilT d with notice of the deficiency and a reasonabk opportunity to cure such dèficiènciès, tenninate the Agreement. Such stoppage or suspension shall not in any way invalidate any terms ofthè Contract and no e:<..."tra charge will be allowed WilT el by reason of such stoppage or suspènsion. 15) i\IISCELLA~EOCS.- (a) IfCustom:r issuès a purchase ordèr for its own inkmal purposes, on Customer agrees that only the tenns and conditions of this Agreement apply. Conflicting tenns on a Customer's purchasè order or similar document used to order a System, or portions thereof, are null and void. (b) \ViIT d may, on prior written consent of Customer, such consent not to be unreasonably witlùleId, subcontract any and all of the work to be perfonned by it under this Agreement. (c) Except for assignment to a parent, subsidiary, affiliak or to an entity which acquirèS all or substantially all of the assigning party's assets through merger or acquisition, this Agr~èI1t is not assignable by either party without the prior \vritten consent of the other party. Any attempt to assign any ofthe rights, duties or obligations under this Agreement without such consent, when consent is required, will, at the non-assigning party's option, be deemèd void or a matèfÌal dâault or accepted. (d) The \vaivèr by either party of any default will not operate as a waivèf of any subsequènt dâault. (è) If onè party breaches the agreement as deknnined by a court of compctèI1t jurisdiction, that party shall pay all of the prevailing party's costs or expenses, including rèasonabh: attomey's and collèction fees, incuITed in enforcing this Agreement (f) "WilT d's obligation is contingèI1t upon a crèdit report satisfactory to WilT el and COITect arithmetic calculations of quantity and price. (g) This Agreement supèrsedes all prior or contemporaneous proposals, corrununications and nègotiations, bqth oral and \vrittèn and constitutès the entire agreement betweèn \ViIT d and Customer \vith respect to the ser'\;ice of the' System. Any representations, waITanties or statements made by an employee, salesperson or agent of WilT d and not expressèd in this Agrèement are not binding upon \ViIT eI. (h) If any court holds any portion of this Agreement unenforceable, the remaining language shall not be affeckd. (i) Any modification must be in \\riting and executed by an authorized representative of the party against whom enforcement is sought. (j) No action, regardless offonn, arising out of this Agreement may 5