AgdaPkt 2013-08-26 - Laserfiche WebLink

Browse Search

6.1.D. - Page 6 '!4. Mediation. Should any dispute arise out af fhe GTC or Services Orders, tf�e Parties wi[I meet in mediation and attempt to reach a resoiution with the assistance of a mutual[y accep�abEe mediator. Neither Parly wi[I b� permitted to file legal action withouf first meetir�g in mediation and making a good faith attem}�t to reach a mediated resolution. The costs of the mediafor, if any, will be paid equa[ly by the Parties. If a mediated sef�fement is reached, neither Party wilf be deemed the prevailing party for purposes of the � se#t[emen#and each Party wilf bear its own legal costs. 15.Indemnitv. CUSTOMER wifl defend, indemnify and hold harmless RWC ar�d its ofFicers, City Cauncil, agents, empioyees and volunteers from and against alf claims, damages, losses and expenses (incl�ding ciaims, damages, losses and expenses brought by third parties:to this agreernent) including attorney fees arising out of or relafing to RWC's perfarmance of the Services and Additional Services described in the GTC and Services Orders, inc�uding any loss of da#a, except where RWC has beer� found in a cour�of campetent jurisdiction to be soEely liabie by reasan of ifs sole negligence or wififul misconducf. 16. Insurance. RWC will nat ins�re for any �oss or daEnage to any of CUSTOMER's property af any Ecind owned or feased by CUSTOMER or ifs employees, servar�ts or agents even if suc� property is located on RWCs premises. CUSTOMER represents and warrants that all insurance required hereunder has been ar wi[1 be ob#ained prEOr to the commer�cement of delivery of Services by RWC unde� any Services Order. Upon request, CUSTOMER will furnish RWC with certificatas of insurance evidencing the required co�erage. - A. Liability Insurance. CUSTOMER will take aut and majntain, so long as the GTC remains in effect, such badiiy injury Iiability and property darrEage liability insurance as will protect RWC while performing wo�k covered by the GTC and Services Orders from any and all claims far damages for badily injury, including accid�ntal death, as well as ar�y and a!I claims for pro�erty damage or loss which may arise in connection with the pro�ision of Services by RWC �nder the G1"C and Services Orders. T�e amounts ofi such insurance will be a rnin�mum of One Miflion Doflars ($�,000,000) corr�bined single limi# bodily injury and property damage for each occurrence. RWC, its officers, employees ar�c� ager�ts wil[ be maintained as additiona! insured's on said po[icy. All ir�surance wi11 be with insurance carriers �icensed in the Stafe of Galifornia and in good standing with the Califiarnia Department of fnsurance. ATTY/AGRJ2013.076/IT BURLINGAME�Y 13-14 REV:06-26-13 MLG Page 4 of 7