Agmt18 Daryl D. Jones dba Telecommunications Engineering Associates

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misuse of the Software. The obligations to indemnify, defend, and hold harmless set forth in this Section shall survive the expiration, cancellation or termination of this Agreement. Notwithstanding the foregoing, the CITY expressly waives, releases, and agrees that neither TEA nor CONTRACTOR's officers, directors, shareholders, employees, agents and affiliates shall have any liability for any individual's or entity's lost business, direct damages, incidental or consequential damages, or any other Claims arising out of or related to the use or implementation of the Software. SECTION 12 — INSURANCE Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit E to this Agreement, which is attached hereto and incorporated herein by reference. SECTION 13—NONASSIGNABIMY Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY. SECTION 14 — RELIANCE UPON SKILL OF CONTRACTOR It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. SECTION 15 — WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. REV: 05-25-1715 Page 4 of 17 ATTY/AGR.2017.120/Telecommunications Engineering Associates