Agmt22 Association of Bay Area Gov. (ABAG)

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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 ABAG/City Innovate PROVIDER Bench Management Software Page 7 liable for PROVIDER’s actual or projected lost profits had PROVIDER completed the services required by this Agreement. C. If it is determined by ABAG that PROVIDER’s failure to perform resulted from unforeseeable causes beyond the control of PROVIDER, such as a strike, fire, flood, earthquake or other event that is not the fault of, or is beyond the control of PROVIDER, ABAG, after setting up a new delivery or performance schedule, may allow PROVIDER to continue work, or treat the termination as a termination for convenience. 7. INSURANCE AND FINANCIAL SECURITY REQUIREMENTS PROVIDER shall, at its own expense, obtain and maintain in effect at all times for the duration of this Agreement the types of insurance and financial security listed in Attachment C, Insurance and Financial Security (Bond) Provisions, attached hereto and incorporated herein, against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under this Agreement. All policies will be issued by insurers acceptable to ABAG, generally with a Best’s Rating of A- or better with a Financial Size Category of VII or better, or an A rating from a comparable rating service. 8. INDEPENDENT CONTRACTOR PROVIDER is an independent contractor and not an employee or agent of ABAG and has no authority to contract or enter into any agreement in the name of ABAG. PROVIDER has, and hereby retains, full control over the employment, direction, compensation and discharge of all persons employed by PROVIDER who are assisting in the performance of services under this Agreement. PROVIDER shall be fully responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. PROVIDER shall be responsible for its own acts and those of its agents and employees during the term of this Agreement. 9. NOT USED 10. DATA TO BE FURNISHED BY ABAG All data, reports, surveys, studies, drawings, software (object or source code), electronic databases, and any other information, documents or materials (“ABAG Data”) made available to PROVIDER by ABAG for use by PROVIDER in the performance of its services under this Agreement shall remain the property of ABAG and shall be returned to ABAG at the completion or termination of this Agreement. No license to such ABAG Data, outside of the Scope of Work DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575