Reso 2013-2092 - Laserfiche WebLink

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corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become clue to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 14.3 If, within one (1) year after the date of final completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is Found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 14.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 14.5 Where the City or its designee becomes aware of faults, defects or non- conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non-conforming work. 15. SAFETY PRECAUTIONS: In performing its Services under this Agreement, the Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the work site, members of the public and other persons who may be affected thereby; (2) the work and materials and equipment to be incorporated therein; and (3) other property at the job site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from damage, injury, or loss, including but not limited to, Occupational Safety and Health Administration ("OSHA"). The Contractor shall be responsible for ensuring that the performance of Services is in full compliance with all such safety requirements. 16. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this Agreement with the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor.