DURATECH USA, INC. 1 - 2013 - Laserfiche WebLink

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removal of the equipment fi•om City's police vehicle, including but not limited to repair and/or replacement of the police vehicle if necessary as a result of faulty installation and/or removal of the equipment, personal injury resulting from faulty installation and/or removal of the equipment, and willful destruction of the police vehicle and related equipment within the vehicle during installation and/or removal of the equipment. At no time will anyone employed by or associated with CDI or DuraTech be allowed to drive the police vehicle for any reason whatsoever. 3. TERM The term of this Agreement shall commence on the Effective Date of this Agreement, and continue for a period of sixty (60) days after the date of installation. 4. COMPENSATION A. There is to be no fee or other form of compensation or monetary consideration charged to the City or given to DuraTech for the services described herein. Both parties agree that DuraTech is providing the use of Equipment including its installation as a marketing effort and will not require payment for these services. City desires to evaluate the equipment to determine whether tablets are the type of mobile computer equipment it may want to procure in the future. B. DuraTech understands that the City makes no promises by way of this Agreement about contracting with DuraTech in the future. S. CAPTIONS AND PARAGRAPH READINGS Captions and paragraph headings used herein are for convenience only and are not a part of the Agreement and shall not be used in construing same. 6. GENERAL INDEMNRFICATION AND LIABILITY PROVISIONS A. DuraTech shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify the same against all claims, losses, liability and damages from every cause, including but not limited to injury to person or property, and related costs and expenses, including reasonable attorneys fees, arising directly or indirectly out of any act or omission of contract performance by DuraTech, its agents, officers, employees, or volunteers. In particular, DuraTech agrees to be solely responsible for any damage or injury which may occur as a result of CDI's installation of the Equipment in City's police vehicle and removal of Equipment from City's vehicle. This includes but is not limited to any damage to City's police vehicle at the time of installation or removal and any damages fi-om improper or negligent installation or removal of equipment. This also includes any willful or intentional damage to the City's vehicle which may occur during installation and/or removal of the equipment from the vehicle. If such defense becomes necessary, the City Counsel for the City shall have the absolute right to approve any and all counsel employed to defend the City. This paragraph shall survive any expiration or termination of this Agreement.