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ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) -2012
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ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) -2012
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Last modified
9/25/2012 9:36:34 AM
Creation date
9/25/2012 9:24:51 AM
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Contracts
Company Name
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI)
Contract #
A-2012-079
Agency
PUBLIC WORKS
Council Approval Date
4/16/2012
Expiration Date
4/20/2013
Destruction Year
2018
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event start date. Any Student that is found on any of the various US Government Denied Persons lists will not be <br />permitted to attend training. <br />¦ Client is responsible for all Student travel arrangements. Esri assumes no responsibility for losses from nonrefundable <br />travel arrangements resulting from denial of a Student's participation due to US government export regulation <br />requirements, course scheduling changes, or cancellations. <br />¦ Client must provide written notice to Esri's Customer Service department at service,a%esri.coin of any cancellation, <br />rescheduling, or Student substitution requirements and receive confirmation of these change(s) prior to the training event <br />start date. <br />¦ Client must complete and submit an Esri Client Site Training Request Form as well as ensure that it adheres to the <br />course, facility, equipment, and Internet bandwidth and connectivity requirements for Esri Training as found at <br />http:/itrainin?_,.esri.com/tateway/ index.cfni?fa°trainingOt)tions.;~ateway. <br />¦ Students may not use audio and/or video recording equipment within the classroom without prior written approval from <br />Esri. Esri reserves the right to record a classroom training event for future rebroadcast. <br />¦ If the Esri Mobile Lab equipment is utilized at Client's domestic site, then the following terms will apply: <br />- Upon receipt, Client must immediately report any damage to the Mobile Lab equipment to the Training Event <br />Assistant. <br />- Client must keep the Mobile Lab equipment in a secure, locked area between training event sessions. <br />- Client must ensure that only registered Students use the Mobile Lab equipment. <br />- Client is responsible for any and all loss of, damage to, or theft of the Mobile Lab equipment while in Client's <br />possession. <br />- Client warrants that it maintains sufficient insurance coverage to enable it to meet its obligations created by this <br />Agreement and by law. <br />- The Esri instructor will check all Mobile Lab equipment following the completion of training. Any damage to <br />the Mobile Lab equipment due to Student use, excluding normal wear and tear, will be brought to the attention <br />of Client by written notice. Client hereby agrees to be financially responsible for any repair or replacement of <br />equipment resulting from such damage. <br />- Client shall make the Mobile Lab equipment available for freight pickup immediately on conclusion of the Esri <br />course(s). <br />ARTICLE 4-INSURANCE AND INDEMNIFICATION <br />4.1 Insurance. Esri carries, at a minimum, the following coverage: <br />a. Comprehensive general liability or commercial general liability with minimum coverage of one million dollars <br />($1,000,000.00) combined single limit per occurrence for bodily injury, including death, and property damage <br />liability, to include the following: <br />1. Premises and operations <br />2. Blanket contractual liability <br />3. Broad form property damage <br />4. Independent contractors <br />5. Personal injury, with employee exclusion deleted <br />6. Completed operations <br />b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. <br />4.2 Indemnification. Esri will indemnify and hold harmless Client and each of its directors and officers (collectively the <br />"Indemnified Parties") from and against any and all damages, losses, liabilities, claims, judgments, and settlements, including <br />all reasonable costs, expenses, and attorneys fees, arising out of any action or claim for bodily injury, death, or property <br />damage brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful <br />misconduct by Esri or its directors, officers, employees, or agents while engaged in or as a result of the training or coaching <br />services provided by Esri pursuant to this Agreement while on Client's site. <br />E207CW Page 2 of 5 07/1 1/2011
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