Agmt23 Navia Benefit Solutions - Laserfiche WebLink

Browse Search

REV:01-20-23 MI (d) This Agreement shall be governed by the applicable laws of California without regard to any of its conflict of law principles and any dispute arising out of this Agreement will be settled in San Mateo County Superior Court or the U.S. District Court for the Northern District of California. 7.6 NOTICES (a) All legal notices required to be sent by one Party to the other Party under this Agreement shall be given to the Parties in writing to the addresses identified on the Contract Information Page or to such other addresses as the Parties may substitute by written notice given in the manner prescribed in this Section as follows: i. By first class, registered or certified United States mail, return receipt requested and postage prepaid, ii. Over-night express courier, iii. By hand delivery to such addresses, or iv. Electronic mail with return receipt. (b) Such notices shall be deemed to have been duly given (i) five (5) Business Days after the date of mailing as described above, (ii) one (1) Business Day after being received by an express courier during business hours, or (iii) the same day if by hand delivery or by email 7.7 CONSENT Wherever this Agreement requires either Party's approval or consent such approval or consent shall not be unreasonably withheld or delayed. 7.8 THIRD PARTY BENEFICIARIES Except as expressly set forth in this Agreement, the Parties do not intend the benefits of this Agreement to inure to any third party, including but not limited to Covered Individuals and Eligible Employees, and nothing contained herein shall be construed as creating any right, claim or cause of action in favor of any such other third party, against either of the Parties hereto. 7.9 ADVERTISING Navia may indicate in its marketing materials and proposals to other prospective customers that this Agreement has been awarded and may describe the nature and objective(s) of this engagement. No such statements by, or materials of, Navia will disclose any Employer Confidential Information. 7.10 INSURANCE Navia 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 Navia or Navia’s agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than “A-:VII.” Coverages and Limits. Consultant, 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 Navia's indemnification obligations under this Agreement. 7.10.1 Commercial General Liability Insurance. Navia shall maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such ATTY/AGR.2023.010/Navia Benefit Solutions (Navia Services (Dental HRA) 2023) (Page 15 of 42)