Reso 2023-3498 - Laserfiche WebLink

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Purchase order, unless such damage, loss or liability arose from the Buyer's negligent acts, omissions or intentional misconduct. 1.1.5 Clause 6: The following to be added: "Seller to be extended a 21 (twenty-one) day remedy period. Thereafter and upon the Seller's failure to make shipment, the Buyer shall substantiate these charges by submitting supporting documentation in line with this Purchase order cost. The Buyer shall have a duty to mitigate these costs." 1.1.6 Clause 9: The following to be added: "At all times limited to 5% (five per centrum) of the total value of the Purchase Order." 1.1.7 Clause 15: The following to be removed: "Seller rendering service on City property must provide and maintain the City as an additional insured on their current policy." 1.1.8 Clause 16 To be added: "The Suppliers total liability for any liquidated damages or delay penalties shall at all times be limited to 10% (ten per centrum) of this Purchase Order value. Neither party shall be held liable for any consequential, indirect special loss/damage, howsoever arising. Notwithstanding the foregoing, nothing contained in this Section 16 shall limit the Seller's liability for default under Section 6 herein. AS WITNESSES on behalf of the Purchaser SIGNED at this day of 1 2022 1. On behalf of PUBLIC WORKS DEPARTMENT CITY OF SUNNY ISLES BEACH Full Name: (if applicable, the signatory being duly authorised to sign this agreement) AS WITNESSES on behalf of the Supplier SIGNED at Myrtle Beach, South Carolina this 1st day of November 2022 1. t 2. On beha f of COCHRANE USA INC Full Name: Jonathan Mishoe (if applicable, the signatory being duly authorised to sign this agreement)