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20B - AA - AGMT SCE ENERGY EFFICIENCY
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06/20/2011
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20B - AA - AGMT SCE ENERGY EFFICIENCY
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Last modified
1/3/2012 3:43:34 PM
Creation date
6/16/2011 3:42:52 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20B
Date
6/20/2011
Destruction Year
2016
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infrastructure purchased for research, development, education or demonstration <br />related to energy efficiency. Although Implementer shall retain no ownership, <br />interest, or title in the Developments except as may otherwise be provided in this <br />Contract, it will have a permanent royalty-free, nonexclusive, irrevocable license to <br />use such Developments. <br />13.2 Risk of Loss. Implementer shall have risk of loss of or damage to the undelivered <br />Developments until completion of the Work. <br />13.3 Infringement. <br />13.3.1 Implementer represents and warrants that the Work performed by <br />Implementer and/or its subcontractors shall be free of any claim of trade <br />secret, trade mark, trade name, copyright, or patent infringement or other <br />violations of any proprietary rights of any person. <br />Implementer shall defend, indemnify and hold harmless, SCE, its officers, <br />agents, employees, successors, and assigns from and against any and <br />all liability, damages, losses, claims, demands, actions, causes of <br />action, and costs including reasonable attorney's fees and expenses <br />arising out of any claim, demand, or charge that use of the Work or <br />Developments infringe upon any trade secret, trademark, trade name, <br />copyright, patent, or other intellectual property rights. <br />14. INSURANCE <br />14.1 Implementer will maintain, the following insurance coverage or self insurance <br />coverage, at all times during the term of this Contract, with companies having an A.M. <br />Best rating of "A-, VII" or better, or equivalent: <br />14.1.1 Workers Compensation: statutory minimum. <br />14.1.2 Employer's Liability coverage: $1 million minimum. <br />14.1.3 Commercial General Liability: $2 million minimum <br />per occurrence/$4 million minimum aggregate. <br />Such insurances shall acknowledge SCE, its officers, agents and <br />employees as additional insureds, be primary for all purposes, contain <br />standard cross-liability or severability of interest provisions, and <br />waive all rights of subrogation against SCE its officers, agents, <br />employees and other contractors or subcontractors. <br />14.1.4 Commercial or Business Auto: $1 million minimum. <br />Such insurance shall acknowledge SCE, its officers, agents and <br />employees as additional insureds and be primary for all purposes. <br />14.1.5 Professional Liability (if applicable) : $1 million minimum. <br />20B-17
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