Laserfiche WebLink
indemnify, hold harmless, release and defend each <br />other, their officers, employees and agents from <br />and against any and all actions, claims, demands, <br />damages, disability, losses, expenses including <br />attorney's fees and other defense costs and <br />liabilities of any nature that may be asserted by <br />any person or entity including the party, in <br />whole or in part, arising out of the party's <br />activities hereunder, including the activities of <br />other persons employed or utilized by the party <br />in the performance of this Agreement (including <br />design defects and regardless of the other <br />party's approval, use or acceptance of the work <br />or work product hereunder) excepting liabilities <br />due to the admitted or adjudicated sole <br />negligence or willful misconduct of the party. <br />This indemnification, defense, etc., shall <br />include any claim for patent or copyright <br />infringement. If the adjudicated or admitted <br />sole negligence or willful misconduct of the <br />party has contributed to a loss, the other party <br />shall not be obligated to indemnify the party for <br />the proportionate share of such loss caused by <br />such sole negligence or willful misconduct. This <br />indemnification obligation is not limited in any <br />way by any limitation on the amount or type of <br />damages or compensation payable by or for <br />Contractor under Worker's Compensation, <br />disability or other employee benefit acts or the <br />terms, applicability or limitations of any <br />insurance held or provided by Contractor and <br />shall continue to bind the parties after <br />termination/completion of this Agreement. <br />7.13.9 Contractor's Poxer and Authority. The Contractor <br />warrants that it has full power and authority to <br />grant the rights herein granted and will hold the <br />City hereunder harmless from and against any <br />loss, cost, liability, and expense (including <br />reasonable attorney fees) arising out of any <br />breach of this warranty. <br />7.13.10 Staff Approval. <br />(a) Within ten (10) days of execution of this <br />Agreement, the Contractor shall designate in <br />writing a single individual to act as the project <br />manager (the "Contractor Project Manager"). The <br />Primary Agreement June 15, 2006 Page 29 <br />