DURATECH USA, INC. 1 - 2013 - Laserfiche WebLink

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B. DuraTech understands that reasonable wear and tear for the period of the evaluation and testing process may occur because its equipment will be in use and installed within a City police vehicle for a period of approximately sixty (60) days. DuraTech agrees that City is not responsible and will not be held liable for any wear and tear to its Equipment that may occur during the evaluation and testing process covered by this Agreement, including but not limited to scratches, chips, and dents. C. City agrees to bear liability for any negligent damage as well as malicious and/or intentional destruction of the equipment under this Agreement including but not limited to cracked screens. INSURANCE DuraTech shall provide at their own expense and maintain at all times while this agreement is in effect the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by registered mail, return receipt requested, for all the following state insurance policies. General Liability insurance - with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The certificate of insurance shall indicate the aforementioned. DuraTech shall maintain insurance for as long as this agreement is in effect. If at any time any of said policies are reasonably unsatisfactory to the City, as to form or substance or if a company issuing such policy is reasonably unsatisfactory to the City, DuraTech shall promptly obtain a new policy submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of DuraTech to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City may be forthwith declared suspended, or terminated. Failure of DuraTech to obtain and/or maintain any required insurance shall not relieve DuraTech from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of DuraTech concerning indemnification. The City, its officials, agents and employees shall be named as an additional insured on general liability insurance policies required herein. DuraTech insurance policies shall include a provision that the coverage is primary and not - contributory as respects the City (to the extent of DuraTech negligence in the performance of its services under this agreement); shall include no special limitations to coverage provided to additional insured under the general liability policies; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.