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1) LaptopsAnytime shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />2) Certificates of insurance shall be famished to the City upon execution of <br />this Agreement and shall be approved by the City. <br />3) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to the City. <br />4) Where the amounts or coverage provided by the certificates of insurance <br />provides coverage greater than those listed by this Agreement, the amounts provided by the <br />certificates of insurance shall be incorporated by reference into the Agreement. <br />5) LaptopsAnytime shall supply City with a fully executed additional insured <br />endorsement <br />F. If LaptopsAnytime fails or refuses to produce or maintain the insurance required <br />by this section or fails or refuses to furnish the City with required proof that insurance has been <br />procured and is in force and paid for, the City shall have the right, at the City's election, to <br />forthwith terminate this Agreement. Such termination shall not affect LaptopsAnytime's right to <br />be paid for its time and materials expended prior to notification of termination. LaptopsAnytime <br />waives the right to receive compensation and agrees to indemnify the City for any work performed <br />prior to approval of insurance by the City. <br />6. Indemnification <br />Each party (Indemnifying Party) agrees to indemnify, defend, and hold harmless the other party <br />(Indemnified Party) and its affiliates and their respective officers, employees, directors, agents, <br />licensees (excluding the Indemnifying Party), sublicensees (excluding the Indemnifying Party), <br />successors, and assigns from and against any and all liability, costs, losses, damages, and expenses <br />(including reasonable attorneys' fees and expenses) arising out of any claim, suit, or cause of <br />action relating to and/or arising from (a) Indemnifying Party's breach of any term of this <br />Agreement; (b) Indemnifying Party's violation of any rights of any third party. The <br />indemnification obligations set forth in the immediately preceding sentence shall survive the <br />termination of this Agreement. <br />7. Disclaimer <br />THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND JAVA <br />CONNECTIONS LLC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER <br />EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED <br />WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, <br />TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE <br />FOREGOING, JAVA CONNECTIONS LLC EXPRESSLY WARRANTS THAT THE <br />SOFTWARE WILL OPERATE IN ACCORDANCE WITH THE REPRESENTATIONS MADE <br />IN DOCUMENTATION PROVIDED TO THE CUSTOMER, BUT DOES NOT WARRANT <br />