AgdaPkt 2013-02-11 - Laserfiche WebLink

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6.1.H. - Page 5 prior written approval of City Manager or his/her designee. If Artist subcontracts any of the Services, Artist will be fully responsible to City for the acts and omissions of Artist's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Artist is for the acts and omissions of persons directly employed by Artist. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Artist and City. Artist will be responsible for payment of subcontractors. Artist will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Artist's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. Other Artists. City reserves the right to employ other artists in connection with the Services. 10. Indemnification. Artist will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any act or omission of the Artist, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, orwillful misconduct of City. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section. The parties expressly agree that this section shall survive the expiration or early termination of the Agreement. 11. Insurance. Artist 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 Artist or Artist's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V." 11.1 Coveraqes and Limits. Artist, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Artist's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Artist pursuant to this Agreement are adequate to protect Artist. If Artist believes that any required insurance coverage ATTY/AGR/2013.012/(ARTIST)INTERPLAY REV: 01-22-13 MLG Page3of17