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ANAHEIM, CITY OF (5)
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ANAHEIM, CITY OF (5)
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Last modified
6/23/2021 10:17:14 AM
Creation date
9/26/2019 10:26:48 AM
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Contracts
Company Name
ANAHEIM, CITY OF
Contract #
N-2019-181
Agency
COMMUNITY DEVELOPMENT
Expiration Date
4/30/2020
Destruction Year
2025
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or policy endorsements to the extent and within the time herein required, City may, <br />at its sole option; <br />(a) Obtain such insurance and deduct and retain the amount of the premium for <br />such insurance from any sums due under this Agreement; <br />(b) Order the Consultant to stop work under this Agreement and/or withhold <br />any payment(s) which become due to the Consultant hereunder until the <br />Consultant demonstrates compliance with the requirements hereof; or <br />(c) Terminate this Agreement. <br />Exercise of any of the above remedies, however, is an alternative to other remedies <br />City may have and is not the exclusive remedy for the Consultant's failure to maintain insurance <br />or secure appropriate endorsements. <br />Nothing herein contained shall be construed as limiting in any way the extent to <br />which the Consultant may be held responsible for payment of damages to persons or property <br />resulting from the Consultant's or its subcontractor's performance of the work covered under this <br />Agreement, <br />6.2 Indemnification, As respects acts, errors or omissions in the performance of <br />professional services under this Agreement, the Consultant agrees to indemnify and hold harmless <br />the City, its officers, agents, employees, representatives and volunteers from and against claims; <br />demands, defense costs, liability or consequential damages arising directly out of the Consultant's <br />negligent acts, errors or omissions in the performance of its professional services under the terms <br />of this Agreement or those of Consultant's subcontractors or anyone for whom Consultant is <br />legally liable, <br />As respects all acts or omissions which do not arise directly out of the performance of <br />professional services, including but not limited to those acts or omissions normally covered by <br />general and automobile liability insurance, the Consultant agrees to indemnify, defend (at City's <br />option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers <br />from and against claims, demands, defense costs, liability, or consequential damages arising out <br />of or in connection with the Consultant's (including Consultant's employees, representatives, <br />subcontractors or anyone for whom Consultant is legally liable) performance or failure to perform <br />under this Agreement; excepting those which arise out of the sole negligence of City, <br />Section 7. Enforcement of Agreement. <br />7.1 Events of Default. For purposes of this Section 7, the word "17efauh" shall mean <br />the failure of Consultant to perform any of Consultant's dudes or obligations or the breach by <br />Consultant of any of the terms and conditions set forth in this Agreement, In addition, Consultant <br />shall be deemed to be in Default upon Consultant's (i) application for, consent to, or suffering of, <br />the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) <br />making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing <br />a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, <br />reorganization or insolvency law (unless in the case of an involuntary petition, the same is <br />
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