BARTEL ASSOCIATES, LLC. - Laserfiche WebLink

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Assumption. Assignee expressly assumes, acknowledges and agrees for the benefit of the City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement. The City shall have the same rights and remedies as against the Assignee as the City, under the terms and provisions of the Agreement, has against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. 4. Insurance and Indemnity. Without limiting Assignee's obligations under the Agreement following the Assignment, the insurance and indemnity provisions applicable to the Agreement are hereby expressly incorporated by reference and shall continue to apply. This provision shall not be interpreted to be exclusionary. Assignee shall provide all required insurance certificates to City, and the Assignment shall not be effective until such insurance certificates and other insurance requirements are approved by the City. Ability to Perform. Assignee hereby represents and warrants that it is able to fully perform any and all duties, obligations, covenants, promises, and liabilities as they may exist under the Agreement. 6. Consent of the City. The City acknowledges and hereby consents to the foregoing assignment of rights and interests and the assumption of obligations under the Agreement. Subsequent Assignments. This Assignment Agreement does not constitute a consent to any subsequent assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of the City under the Agreement to any further assignment. Default; Breach. In the event of any default or breach of Assignee under the Agreement, the City may proceed directly against Assignee, any guarantors, or anyone else liable under the Agreement without first exhausting the City's remedies against any other person or entity liable under the Agreement to the City. 9. Termination. Notwithstanding the Parties' desire, intent and agreement to modify the Agreement through the Assignment and this Assignment Agreement, should the City, at its sole discretion, wish to cancel, void or terminate the Agreement at any future time, the City may do so by providing written notice of termination to Assignee in accordance with the termination provisions of the Agreement. In such an event, simultaneously upon the giving of written notice of termination in accordance with the terns of the Agreement, the Agreement and this Assignment Agreement shall be deemed canceled, voided and terminated. 10. Notices. Notices to be provided by the City to Assignee in accordance with Section 19 of the Agreement shall be addressed as follows: