Reso 2014-2251 - Laserfiche WebLink

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ARTICLE 26. INDEMNIFICATION 26.1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents, directors, and employees, from any and all claims, liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, and costs to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and/or persons employed or utilized by Contractor in the performance of any Work under this Agreement. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. 26.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by this Article, which may be brought against the City whether performed by Contractor, or persons employed or utilized by Contractor. 26.3 This indemnity will survive the cancellation or expiration of this Agreement. This indemnity will be interpreted under and construed to conform to the laws of the State of Florida. 26.4 Contractor shall require all Sub - Contractor agreements to include a provision that they shall indemnify the City. ARTICLE 27. INSURANCE REQUIREMENTS 27.1 Contractor shall not start Work under this Agreement until it has delivered to the City certificates of insurance clearly indicating that the Contractor is in compliance with the Insurance Requirements required by Section 2.10 of RFP No. 14- 04 -01. 27.2 Contractor shall maintain coverage with equal or better rating as required herein for the term of this Agreement. Contractor shall provide written notice to the City Manager or his designee of any material change, cancellation and/or notice of non - renewal of the insurance at least 30 (thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of the insurance policy or policies upon request of the City Manager or his designee. 27.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the City Manager or his designee within ten (10) days of written request. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 27.4 The City reserves the right to require modifications, increases, or changes in the Insurance Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor. ARTICLE 28. PAYMENT AND PERFORMANCE BOND 28.1 Contractor shall not start Work under this Agreement until it has delivered to the City a 16