Reso 2007-1129 - Laserfiche WebLink

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American Appraisal Associates Client of Record - Only the signed Cliem(s) of Record may rely on the results of American Appraisal's work. No third party shall have the reliance or contractual rights of .l\merican Appraisal's Client(s) of Record without American Appraisal's prior written consent. No party should rely on the results of American i\.ppraisal's work as a substitute for its own due diligence, Communication - Electronic media including voice-mail, e-mail, and faxes are acceptable vehicles to communicate all materials unless such communication forms are expressly prohibited in the Contract. Client shall not assume or deem the Client Service Team assigned by American Appraisal to any work contemplated by the Contract to have knowledge of information provided to others not part of that team. Contingent Fees - American Appraisal's compensation IS not contingent in any way upon Its opinions or conclusions or upon any subsequent event directly related to those opinions or conclusions, Client shall pay American Appraisal's invoices in accordance with their stated terms, Confidentiality - American Appraisal will maintain the confidentiality of the Client's confidential information with the same degree of care that American Appraisal uses to keep its own materials confidential and shall not disclose it to anyone or use it for any purpose whatsoever other than Client's engagement, provided that in the event that American Appraisal is legally compelled to disclose such information, American Appraisal sh;1U provide Client with prompt written notice so that Client may seek a protective remedy, if available, American Appraisal shall have the right to provide access to work files as required to comply with any quality or compliance audits administered by any necessary accreditation or standards organizations with which its employees are associated, Any such access shall continue to be subject to the same confidence by both American Appraisal and the applicable organization, Information shall not be treated as confidential if: (i) it is now or later available to the public, (ii) at the time of disclosure to American Appraisal, the information was already in its possession, or (ill) the information was obtained from a third party under no obligation of confidentiality to Client, Unless mandated by applicable laws or governmental regulations, Client shall not disclose any part of American Appraisal's work product, its confidential materials, or its role in the engagement to anyone not stipulated in the Contract, without the prior written consent of American Appraisal. American Appraisal shall have the right to include Client's name in American Appraisal's client list. Force Majeure - Neither the Client nor American Appraisal shall be liable for delays or for failures to perform according to the terms of the Contract due to circumstances that are beyond their individual control. Governing Law, Jurisdiction and Venue - This Contract shall be governed by the law of the State of Wisconsin within the jurisdiction of any state or federal court located in Milwaukee, Wisconsin, having subject matter jurisdiction, Indemnification - Client shall indemnify and hold harmless American Appraisal against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorneys' fees, to which American Appraisal may become subject in connection with this engagement, except to the extent finally judicially determined to have resulted from the negligence or intentional misconduct of American .Appraisal. Cliem's obligation for indemnification and reimbursement shall extend to any controlling person of American Appraisal including any director, officer, employee, subcontractor, affiliate, or agent. American Appraisal's liability to Client shall in no event exceed the City of Sunny Isles Beach 13 May 18, 2007 2505.07.027