Laserfiche WebLink
Agreement by Licensee, its officers, agents or employees except such loss or damage <br />which was caused by the sole negligence or willful misconduct of Licensor. In the event <br />Licensor is named as codefendant, Licensee shall notify Licensor of such fact and shall <br />represent Licensor in such legal action unless Licensor undertakes to represent itself as <br />codefendant in such legal action, in which event Licensor shall bear its own litigation <br />costs, expenses and attorney's fees. Licensee further agrees to indemnify, hold harmless, <br />and pay all costs for the defense of the Licensor, including fees and costs for special <br />counsel to be selected by Licensor, regarding any action by a third party challenging the <br />validity of this Agreement, or asserting that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief due to personal or property rights arises by reason <br />of the terms of, or effects arising from this Agreement. Licensor may make all <br />reasonable decisions with respect to its representation in any legal proceeding. <br />Section 4.02 Insurance <br />In addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee <br />shall obtain and furnish to Licensor, a policy of general public liability insurance, <br />commercial general liability insurance including motor vehicle coverage covering the <br />License Area and Licensee's Facilities. The policy shall indemnify Licensee and <br />Licensor, their officers, agents and employees, while acting within the scope of their <br />duties, against any and all claims arising out of or in connection with the License Area <br />and Licensee's Facilities, and shall provide coverage in not less than the following <br />amount: combined single limit bodily injury, personal injury and property damage, <br />liability, of $2,000,000 per occurrence. The City also requires an Additional Insured <br />Endorsement, as attached and incorporated herein as Exhibit C. The policy shall name <br />Licensor, its agents, officers, employees and volunteers as Additional Insureds, and shall <br />specifically provide that any insurance coverage which may be applicable to the License <br />Area and Licensee's Facilities shall be deemed excess coverage and that Licensee's <br />insurance shall be primary. Under no circumstances shall the above-mentioned insurance <br />contain a self-insured retention, or a "deductible" or any other similar form of limitation <br />on the required coverage. Licensee is required to give the Licensor no less than thirty <br />(30) days notice of cancellation or reduction in coverage. No cancellation provision in <br />any insurance policy shall be construed in derogation of the continuous duty of Licensee <br />to furnish insurance during the term of this Agreement. <br />Section 4.03 Property Insurance - <br />Licensee shall provide to Licensor, before entering the License Area, and shall maintain <br />in force during the entire term of this Agreement, property insurance with extended <br />coverage endorsements thereon, on the License Area in an amount equal to the full <br />replacement cost and/or value thereof; this policy shall contain a replacement cost <br />endorsement naming Licensee as the insured and shall not contain a co-insurance penalty <br />provision. The policy shall contain a special endorsement that such proceeds shall be <br />used to repair or rebuild any such improvements so damaged or destroyed; and if not so <br />used, such proceeds shall be paid to Licensor. The proceeds of any such insurance <br />payable to Licensor shall be used for rebuilding or repair as necessary to restore the <br />License Area at the discretion of Licensor. The policy shall name Licensor as an <br />Additional Insured. <br />