Reso 2023-3491 - Laserfiche WebLink

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requirements set forth herein, the City shall maintain the Property in compliance with all laws. 8. Indemnification. This Agreement is one of licensing of property and is not a bailment. The Parties agree that the City shall not assume any responsibility for the vehicles licensed to be parked within the Parking Spaces under this Agreement and the contents therein. Chase, as a material part of the consideration to be rendered to the City under this Agreement, to the extent permitted by law, hereby waives all claims against the City, its agents servants or employees for loss, theft or damage to vehicles licensed to be parked within the Parking Spaces under this Agreement and the contents therein. To the extent permitted by law, and except to the extent caused by the sole negligence or intentional misconduct of the City, Chase shall indemnify, defend 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 Parking Spaces by Chase's employees. Chase agrees to add the City as an additional insured under its general liability insurance policy. Notwithstanding anything contained in the Agreement to the contrary, Chase shall have the right to self -insure for any insurance requirements contained herein. 9. Assumption of Risk. All property belonging to Chase or any of their parking patrons of the Parking Spaces authorized under this Agreement shall be at the risk of Chase 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 Parking Spaces under this Agreement. Chase 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 Chase's part to be performed under the terms of this Agreement or arising from any act or negligence of Chase, or of its agents or employees, Chase, upon written notice from the City, shall defend the City at Chase's expense, by counsel reasonably satisfactory to the City. 10. Compliance with Law. Chase shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. Chase agrees that the Parking Spaces shall only be used by its employees. 11. Assignability. Chase 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 on written notice to the other party. 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. Page 3 of 6