CRADLEPOINT, INC.-2016 - Laserfiche WebLink

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4. COMPENSATION A. There is to be no fee or other form of compensation or monetary consideration charged to the City or given to Cradlepoint for the services described herein. Both parties agree that Cradlepoint 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 it desires to procure the Equipment in the future. B. Cradlepoint understands that the City makes no promises by way of this Agreement about contracting with Cradlepoint in the future. 5. CAPTIONS AND PARAGRAPH HEADINGS 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 INDEMNIFICATION AND LIABILITY PROVISIONS A. Cradlepoint 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 Cradlepoint, its agents, officers, employees, or volunteers. 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. B. Cradlepoint 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 thirty (30) days. Cradlepoint 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. 7. INSURANCE Cradlepoint 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,