AgdaPkt 2018-07-23 Joint SA PFA - Laserfiche WebLink

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6.2.B. - Page 7 1) City promptly, and in any event, within ten (10) days of becoming aware of the claim, notifies Contractor in writing of such claims; 2) City fully cooperates with Contractor in assisting in the defense or settlement of such claims; and 3) Contractor has the sole right to conduct the defense of such claim or to settle such claim. In addition, in the event any such hardware furnished hereunder are held in such suit to be infringing or misappropriating or their use by City is enjoined or limited in any manner, or Contractor believes that such holding or enjoining is likely, Contractor shall at its expense: 1) procure for City the right to continue use of such hardware, or 2) replace or modify the same with an equivalent non -infringing product with functionality substantially similar to the product it is replacing. Notwithstanding the foregoing, Contractor shall not be liable for any claim based on the combination or use of the hardware with any other equipment or software not supplied or authorized by Contractor, or any claim based on City's possession or use of any altered version of the hardware unless such alteration has been performed or authorized by Contractor. 7. Insurance. Contractor shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A-:Vll". 7.1 Coverages and Limits. Contractor, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. REV: 09-10-15 VR 7.1.1 Commercial General Liabilitv Insurance. Contractor shall maintain occurrence based coverage with limits not less than $1,000,000 per occurrence. if the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. 7.1.2 Business Automobile Liabilitv Insurance. Contractor shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non -owned automobiles. Page 4 of 61 ATTYIAGR.2015.2171Scheidt & Bachmann USA, inc. Parking Garage Equipment