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KEN THOMPSON, INC. 1 - 2003
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KEN THOMPSON, INC. 1 - 2003
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Last modified
5/26/2016 4:03:07 PM
Creation date
9/25/2003 1:04:42 PM
Metadata
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Contracts
Company Name
Ken Thompson, Inc.
Contract #
A-2003-175B
Agency
Public Works
Council Approval Date
8/4/2003
Insurance Exp Date
2/13/2008
Destruction Year
2016
Notes
Amended by A-2006-181
Document Relationships
KEN THOMPSOM 1A - 2006
(Amended By)
Path:
\Contracts / Agreements\_PENDING FOLDER\READY TO DESTROY IN 2018
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14. INDEMNIFICATION <br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, Contractors, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of <br />claims for personal injury, including health, and claims for property damage, which may <br />arise from the direct or indirect operations of the Contractor or its contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf which relates to the <br />services described in section 1 of this Agreement; and (2) from any claim that personal <br />injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of <br />the terms of or effects arising from this Agreement. This indemnity and hold harmless <br />agreement applies to all claims for damages, just compensation, restitution, judicial or <br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred to <br />in this Section or by reason of the terms of, or effects, arising from this Agreement. <br />15. CONFIDENTIALITY <br />If Contractor receives from the City information which due to the nature of such information <br />is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall <br />not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of <br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other <br />means. Confidential information disclosed to either party by any subsidiary and/or agent of <br />the other party is covered by this Agreement. The foregoing obligations of non-use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly <br />available sources; (b) is, through no fault of the Contractor disclosed in a publicly available <br />source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; <br />(d) is required to be disclosed by operation of law; or (e) is independently developed by the <br />Contractor without reference to information disclosed by the City. <br />16. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services specified <br />under this Agreement. <br />17. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person <br />or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br />
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