G4S SECURE SOLUTIONS (USA) INC. (1ST AMEND) -2011

Home Browse Search

Section 5.a., INSURANCE, shall be amended to reflect that the additional insured endorsement shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City. Contractor's naming of the City, its officers, employees, agents, volunteers, and representatives as additional insured on its liability policies pursuant to this Agreement shall afford coverage only for the negligent acts or omissions of Contractor and shall in no event be construed for any purpose so as to make Contractor or the issuer of such policies liable for the negligence (joint, concurrent, independent or individual), acts, errors or omissions of the City, its officers, employees, agents, volunteers, and representatives. Section 16(c) shall be added to the Agreement and shall read as follows: "Notwithstanding the foregoing, in no event will either party be liable to the other for any loss of business or profits, penalties, or special or indirect, consequential, punitive, exemplary or liquidated damages. 6. Section 16(d) shall be added to the Agreement and shall read as follows: "Contractor will not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond Contractor's reasonable control, including but not limited to acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, labor activity or strike, court order or any other cause outside Contractor's exclusive and direct control. 7. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY MARIA D. HUIZAR KEVI ROURKE Cleric of the Council Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Ey: LAAQ�,- Ladra Sheedy Assistant City Attorney ' G4S SECURE SOLUTIONS (USA) INC.