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Res 1990-098
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Res 1990-098
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7/23/2007 4:38:54 PM
Creation date
7/23/2007 4:38:54 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Grant Application
Number
1990-98
Date
8/27/1990
Volume Book
99
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<br /> Article 8. General Terms and Conditions <br /> G 1. Indemnification <br /> To the extent permitted by law, the Local Government shall save harmless the State <br /> from all claims and liability due to the acts or omissions of the Local Government, its <br /> agents or employees. The Local Government also agrees to save harmless the State <br /> from any and all expenses, including attorney fees, all court costs and awards for <br /> damages, incurred by the State in litigation or otherwise resisting such claims or lia- <br /> bilities as a result of any activities of the Local Government, its agents or employees. <br /> To the extent permitted by law, the Local Government agrees to protect, indemnify, <br /> and save harmless the State from and against all claims, demands and causes of <br /> action of every kind and character brought by any employee of the Local Government <br /> against the State due to personal injuries and/or death to such employee resulting <br /> from any alleged negligent act, by either commission or omission on the part of the <br /> Local Government or the State. <br /> G2. Inspection of Work <br /> The State and, when federal funds are involved, the U. S. Department of Transpor- <br /> tation, and any authorized representative thereof, have the right at all reasonable <br /> times to inspect or otherwise evaluate the work performed or being performed here- <br /> under and the premises in which it is being performed. <br /> If any inspection or evaluation is made on the premises of the Local Government or a <br /> subcontractor, the Local Government shall provide and require his subcontractor to <br /> provide all reasonable facilities and assistance for the safety and convenience of the <br /> inspectors in the performance of their duties. All inspections and evaluations shall <br /> be performed in such a manner as will not unduly delay the work. <br /> G3. Disputes and Remedies <br /> The Local Government shall be responsible for the settlement of all contractual and <br /> administrative issues arising out of procurements entered in support of contract <br /> work. <br /> Disputes concerning performance or payment shall be submitted to the State for <br /> settlement with the Engineer-Director acting as referee. <br /> This agreement shall not be considered as specifying the exclusive remedy for any <br /> dispute or violation or breach of contract terms, but all remedies existing at law and <br /> in equity may be availed of by either party and shall be cumulative. <br /> Page 5 of 13 <br />
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