Res 1989-019 - Laserfiche WebLink

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-3- IV. COMPENSATION City shall compensate HEW, for the services provided in accordance with the terms and conditions of this agreement a fee not to exceed Fifteen Thousand Dollars ($15,000.00). Payments shall become due according to the schedule attached to this agreement as "Exhibit A," which is hereby incorporated herein for all purposes and following City's receipt of HEW's invoice therefor, less any disputed amounts, pending resolution thereof. However, the total of such amounts shall not exceed the amounts set forth in Exhibit A and no payment shall be made for any task prior to the completion of said task. HEW's invoices for payments shall be accompanied by the sworn statement of a person with authority to make such statement on behalf of HEW. V. INDEMNIFICATION HEW hereby assumes the risk of and agrees to indemnify and hold harmless City against all liability, damages, expenses, attorneys' fees, and costs incurred by Owner as a result of HEW's negligent peformance of work in connection with the services provided as specified and required in this contract unless said liability, damages, expenses, attorneys' fees, and costs are caused solely and directly by the negligence of the City, its agents or employees and any third party or parties not concurring with contractor's negligence or fault. HEW agrees to investigate, handle, respond to, provide defense for and defend any such claims, demands, or suits at HEW's sole expense and agrees to bear all other costs and expenses related thereto, if said claims are the result of contractor's negligence or breach of this agreement. VI. MISCELLANEOUS PROVISIONS This agreement shall be construed under and in accord with the laws of the State of Texas. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, legal representatives, and assigns where permitted by this agreement. In any case one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Either party may terminate this agreement upon thrity (30) days written notice to the other party.