Laserfiche WebLink
<br />no later than three days prior to close of Escrow. City and Agency shall not <br />be obligated to pay Contractor for the services covered by any invoice if <br />Contractor presents the invoice to City more than one-hundred twenty (120) <br />days after the date services were rendered, or more that ninety (90) days <br />after this Agreement terminates, whichever is earlier. <br /> <br />3. RELATIONSHIP OF PARTIES <br /> <br />It is expressly understood that this is an agreement between two (2) independent <br />contractors and that no agency, employee, partnership, joint venture or other <br />relationship is established by this Agreement. The intent of City and Contractor is <br />to create an independent contractor relationship. <br /> <br />4. HOLD HARMLESS <br /> <br />The Contractor shall indemnify and save harmless the City, its Council, and its <br />officers, boards, commissions, agents and employees (collectively, "Indemnitees") <br />from all claims, suits or actions of every name, kind and description, brought for, <br />or on account of, injuries to or death of any person, including Contractor, or <br />damage to property of any kind whatsoever and to whomsoever belonging, <br />including but not limited to, the concurrent passive negligence of the City, its <br />Council, and its officers, boards, commissions, agents, and employees, resulting <br />from the performance of any work required by this Agreement of Contractor, its <br />officers, agents, employees and/or servants, provided that this shall not apply to <br />injuries or damage for which Indemnities, or anyone of them have been found in <br />a court of competent jurisdiction to be solely liable by reason of its own negligence <br />or willful misconduct. <br /> <br />The duty of the Contractor to indemnify and save harmless, as set forth herein, <br />shall include the duty to defend as set forth in Section 2778 of the California Civil <br />Code. <br /> <br />5. INSURANCE <br /> <br />Contractor shall acquire and maintain Workers Compensation, employer's liability, <br />comprehensive general liability, owned and non-owned and hired automobile <br />liability insurance coverage (if applicable as indicated below) relating to <br />Contractor's activities funded hereunder covering City's risks in form subject to the <br />approval of the City Attorney. The minimum amounts of coverage corresponding <br />to the aforesaid categories of insurance per insurable event shall be as follows: <br /> <br />ATTY/AGR/2009.038 <br />081909 <br /> <br />3 <br />