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Agmt12 Town of Portola Valley IT
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Agmt12 Town of Portola Valley IT
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Last modified
7/5/2012 10:57:21 AM
Creation date
7/5/2012 10:57:20 AM
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Agreement
Contractor Name
Town of Portola Valley
PROJECT NAME
IT Services contract
RMP File Number
304.5
Date
6/15/2012
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13. Validitv. <br /> The invalidity, in whole or in part, of any provisions of the GTC or Services Orders will not void or affect <br /> the validity of any other provisions of the GTC or Services Orders. <br /> 14 Governinq Law/Litiqation. <br /> The GTC and Services Orders will be governed by the laws of the State of California and any suit or <br /> action initiated by either Party will be brought in the County of San Mateo, California. In the event of <br /> litigation between the Parties hereto to enforce any provision of the GTC and Services Orders, the <br /> unsuccessful Party will pay the reasonable expenses of litigation of the successful Party. <br /> 15. Mediation. <br /> Should any dispute arise out of the GTC or Services Orders, the Parties will meet in mediation and <br /> attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither Party will <br /> be permitted to file legal action without first meeting in mediation and making a good faith attempt to <br /> reach a mediated resolution. The costs of the mediator, if any, will be paid equally by the Parties. If a <br /> mediated settlement is reached, neither Party will be deemed the prevailing party for purposes of the <br /> settlement and each Party will bear its own legal costs. <br /> 16. Indemnitv. <br /> CUSTOMER will defend, indemnify and hold harmless RWC and its officers, agents, employees and <br /> volunteers from and against all claims, damages, losses and expenses including attorney fees arising <br /> out of RWC's pertormance of the Services and Additional Services described in the GTC and Services <br /> Orders, including any loss of data, except where caused by the gross negligence or willful misconduct <br /> of RWC. <br /> 17. Insurance. <br /> RWC will not insure for any loss or damage to any of CUSTOMER's property of any kind owned or <br /> leased by CUSTOMER or its employees, servants or agents even if such property is located on RWC's <br /> premises. CUSTOMER represents and warrants that all insurance required hereunder has been or will <br /> be obtained prior to the commencement of delivery of Services by RWC under any Services Order. <br /> Upon request, CUSTOMER will furnish RWC with certificates of insurance evidencing the required <br /> coverage. <br /> A. Liability Insurance. <br /> CUSTOMER will take out and maintain, so long as the GTC remains in effect, such bodily injury <br /> liability and property damage liability insurance as will protect RWC while performing work covered by <br /> 4 <br />
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