Laserfiche WebLink
<br />" <br /> <br />within thirty (30) days of the invoice date. <br /> <br />12. In the event of a disagreement regarding the actual costs incurred by the City for <br /> <br />administration and construction of the Town's facilities, the Town's share will be based on and <br /> <br />determined by an actual field measurement of the work performed on Town facilities to be made <br /> <br />jointly by representatives from the City and the Town plus ten (10)% project management costs. <br /> <br />13. The City shall only accept the work accomplished within the limits of the Town <br /> <br />after receiving written approval from the Town's representative. Town disapproval of City work <br /> <br />shall only be for non-conformance with the City adopted project plans and specifications for the <br /> <br />slurry seal of portions of portions of Fernside Street and Alameda De Las Pulgas. Said <br /> <br />approval or disapproval, if any, by the Town shall be provided within 30 days of the City's <br /> <br />request for same so as not to cause the City to sustain any claims for delays from the <br /> <br />Contractor. <br /> <br />14. To the fullest extent permitted by law, Town shall indemnify, defend, and hold <br /> <br />harmless the City, its officers, agents, and employees from all claims, damages, suits or actions <br /> <br />of every name, kind, and description, arising out of or relating to the matters covered by this <br /> <br />Agreement to the extent that such claims, suits or actions are due to the negligence or willful <br /> <br />misconduct of the Town or the Town's failure to perform obligations required of the Town under <br /> <br />this Agreement. <br /> <br />Likewise, to the fullest extent permitted by law, the City shall indemnify, defend, and hold <br /> <br />harmless the Town, its officers, agents, and employees from all claims, damages, suits or <br /> <br />actions of every name, kind, and description, arising out of or relating to the matters covered by <br /> <br />this Agreement to the extent that such claims, suits or actions are due to the negligence or <br /> <br />willful misconduct of the City or the City's failure to perform obligations required of the City <br /> <br />under this Agreement. <br /> <br />The duty to indemnify and hold harmless includes the duties to defend as set forth in <br /> <br />Section 2778 of the California Civil Code. <br /> <br />A TTY /AG R/20 1 0.074 <br />091310 <br /> <br />4 <br />