Reso 2014-2212 - Laserfiche WebLink

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The City and Contractor shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 15. INDEMNIFICATION. Contractor agrees to indemnify, defend and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, sickness, disease, or loss of or damage to property, at law or in equity, which may arise or may be alleged to have arisen from the acts, errors, omissions or other wrongful conduct of the Contractor in connection with the performance of Services under this Agreement, whether such acts, errors, omissions or other wrongful conduct be by the Contractor, or any of the Contractor's subcontractors, agents, employees, suppliers or any other personnel entity acting under Contractor's control, and to that extent, the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10 %) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 16. TERMINATION. a. Termination for Default. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. i. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub - Contractor[s]) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination. ii. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City 6