Reso 2024-3638 - Laserfiche WebLink

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and hold the City, its employees and public officials, agents, and servants harmless from, and on account of, any damage or injury to any person, or to the property, goods, wares and merchandise of any person, arising from the use of the Property by Armani Casa employees, contractors, subcontractors, agents, representatives and/or invitees, unless such damage or injury is caused by the City's negligence. Armani Casa agrees to add the City as an additional insured under its general liability insurance policy. 9. Assumption of Risk. All property belonging to Armani Casa or any of their parking patrons of the Property authorized under this Agreement shall be at the risk of Armani Casa or such other person only. Except for the intentional or sole negligent actions of the City or its agents or employees, the City, its employees and public officials, and agents shall not be liable for injury to persons, or damage to, or theft of or misappropriation of such property by any means whatsoever resulting from the use of the Property under this Agreement. Armani Casa shall give prompt notice to the City in case of any such injury, damage, theft, or misappropriation. In case any action or proceeding should be brought against the City by reason of any obligation on Armani Casa's part to be performed under the terms of this Agreement or arising from any act or negligence of Armani Casa, or of its agents or employees, Armani Casa, upon notice from the City, shall defend the City at Armani Casa's expense, by counsel reasonably satisfactory to the City. 10. Compliance with Law. Armani Casa shall comply with all applicable state; county and City laws and ordinances in fulfilling its responsibilities under this Agreement. Armani Casa agrees that the Property shall only be used by its employees, contractors, subcontractors, agents, representatives and invitees. 11. Assignabi i&. Armani Casa shall not assign this Agreement or any portion thereof, without the prior written consent of the City. 12. Termination. Either party shall have the right to terminate this Agreement with immediate effect, and without prior notice. 13. Attorneys' Fees. In the event of any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to receive from the other party the reasonable attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through the trial and all appellate levels and including any of same incurred in connection with enforcement of judgments and other collection costs. 14. Binding. The provisions of this Agreement shall be binding upon the parties thereto and their respective successors and/or assigns. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties and may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. [SIGNATURE PAGE TO FOLLOW] Page 3 of 5