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<br />ARTICLE 28. REMEDIES IN THE EVENT OF DEFAULT
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<br />If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the
<br />default, including but not limited to:
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<br />a) lost revenues;
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<br />b) the difference between the cost associated with procuring Services hereunder and the
<br />amount actually expended by the City for reprocurement of Services, including
<br />procurement and administrative costs; and,
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<br />c) such other direct damages.
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<br />The Contractor shall also remain liable for any liabilities and claims related to the Contractor's
<br />default. The City may also bring any suit or proceeding for specific performance or for an
<br />injunction.
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<br />ARTICLE 29. PATENT AND COPYRIGHT INDEMNIFICATION
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<br />a) The Contractor warrants that all Deliverables furnished hereunder, including but not
<br />limited to: equipment programs, documentation, software, analyses, applications, methods,
<br />ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service
<br />marks, trade secret, or any other third party proprietary rights.
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<br />b) The Contractor shall be liable and responsible for any and all claims made against the City
<br />for infringement of patents, copyrights, service marks, trade secrets or any other third party
<br />proprietary rights, by the use or supplying of any programs, documentation, software,
<br />analyses, applications, methods, ways, processes, and the like, in the course of performance
<br />or completion of, or in any way connected with, the Services, or the City's continued use of
<br />the Deliverables furnished hereunder. Accordingly, the Contractor at its own expense,
<br />including the payment of attorney's fees, shall indemnify, and hold harmless the City and
<br />defend any action brought against the City with respect to any claim, demand, cause of
<br />action, debt, or liability.
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<br />d) In the event any Deliverable or anything provided to the City hereunder, or a portion
<br />thereof is held to constitute an infringement and its use is or may be enjoined, the
<br />Contractor shall have the obligation, at the City's option, to (i) modify, or require that the
<br />applicable or supplier modify, the alleged infringing item(s) at the Contractor's expense,
<br />without impairing in any respect the functionality or performance of the item(s), or (ii)
<br />procure for the City, at the Contractor's expense, the rights provided under this Agreement
<br />to use the item(s).
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<br />d) The Contractor shall be solely responsible for determining and informing the City
<br />whether a prospective supplier is a party to any litigation involving patent or copyright
<br />infringement, service mark, trademark, violation, or proprietary rights claims or is subject
<br />to any injunction which may prohibit it from providing any Deliverable hereunder. The
<br />Contractor shall enter into agreements with all suppliers at the Contractor's own risk. The
<br />City may reject any Deliverable that it believes to be the subject of any such litigation or
<br />injunction, or if, in the City's judgment, use thereof would delay the Services or be
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