|
5. Limitation of Liabilit
<br />5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF
<br />CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT
<br />OR THE ACTIVITIES COVERED HEREUNDER.
<br />5.2. Section 5 and Section 6 do not limit Grantee's rights, including its ability to seek recovery,
<br />against anyone other than City, its directors, officers, employees, agents, successors and
<br />assigns.
<br />6. Indemnification
<br />6.1. Grantee shall defend, indemnify, protect and hold harmless the City, and its elected and
<br />appointed officers, employees, members or agents from and against all claims for damages,
<br />liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by
<br />third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of
<br />the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for
<br />whom Grantee is legally responsible in connection with the execution of the work covered by this
<br />Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages,
<br />liability, costs, expenses (including without limitation, attorney's fees) arise from the sole
<br />negligence or sole willful misconduct of the City subsequent to declaration by the Grantee.
<br />Grantee's obligations shall survive the termination of this Agreement.
<br />6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims,
<br />demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which
<br />are or may be related to or in any way connected with the negligence or willful misconduct of its
<br />officers, officials, employees, or agents in connection with the creation, painting, performance or
<br />installation of the Project hereunder.
<br />6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such
<br />claims and that City's right to indemnification shall extend to any such settlement, provided City
<br />has given notice of such claim and its intent to settle. City's right to indemnification is in addition
<br />to, and may be exercised independently of, any remedy held by City under this Agreement, at law
<br />or in equity. The indemnity provision set forth in this Agreement shall survive the termination or
<br />expiration of this Agreement indefinitely.
<br />7. Insurance
<br />7.1 Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not
<br />be limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act
<br />or occurrence arising out of Consultant's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of
<br />insurance shall be not less than the following: single limit coverage applying to
<br />
|