Reso 2025-3878 - Laserfiche WebLink

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City be liable to RedSpeed for punitive or exemplary damages or for lost profits or consequential damages. iv. The provisions of these paragraph(s) are independent of, and will not be limited by, any insurance required to be obtained by RedSpeed pursuant to this Agreement or otherwise obtained by RedSpeed, and the provisions of these paragraphs survive the expiration or earlier termination of this Agreement with respect to any claims or liability arising in connection with any event occurring prior to such expiration or termination. v. Program legal challenges. RedSpeed agrees to defend the City and the camera program from legal challenges. To the extent the City and RedSpeed's interests are the same there shall be a common defense with an agreeable law firm experienced in government and municipal law. If it is determined that the City requires its own representation, RedSpeed will pay reasonable defense costs for the City. 'Reasonable defense costs' shall include reasonable attorney's fees, court costs, expert witness fees, and other customary expenses, but shall not include judgments, fines, or penalties assessed against the City, or the costs of any appeals pursued at the City's sole discretion without RedSpeed's consent. C. Dispute Resolution L In the event that any dispute between the City and RedSpeed concerning questions or issues arising under this Agreement that have not been resolved, a request for dispute resolution shall be submitted by RedSpeed to the City for determination. Request for such determination shall be made in writing. The City's decision may be reached in accordance with assistance, as it may deem reasonably necessary or desirable. The City's decision shall be rendered in writing no more than 30 calendar days after receipt of a fully documented (to the extent that such documents are within the control of RedSpeed) request for a determination. The decision shall be conclusive, final, and binding on all Parties, unless RedSpeed shall seek a judicial determination in accordance with the provisions set forth below in subsection S D. ii. No later than 10 calendar Days after RedSpeed's receipt of the City's determination, RedSpeed shall respond to the City in writing, either accepting the determination or stating RedSpeed's factual or legal objection to the detennination. If RedSpeed's response is an objection, the City shall respond in writing to the objection within 10 calendar days after receipt. No further response by either Party shall be required. Thereafter, RedSpeed may seek a judicial determination of the dispute. In the event that RedSpeed intends to seek judicial determination of a matter decided by the City, RedSpeed shall notify the City of its intent to do so within 10 calendar days of the City's final decision. iii. If required by City, RedSpeed shall continue to perform the Services required under this Agreement during this resolution period, including any judicial resolution. The City's written determination shall be complied with pending final resolution, including judicial, of the dispute. If RedSpeed complies with the City's written determination, the City shall continue to perform Page 12 of 31