FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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Exhibit 4 b. Insurance rnusl be mainlaincd ant) evidence ul' insurance mull be provided for at least five (5) years after completion of the contract of work. c_ Tf coverutzo is canceled or oou-renewal, and not replaccdt with anntlrer claims -made policy form with it Rclroaclivc Date prior to lire contract effective date, the Foundation, it's averts and/ot subcontractors must purchase "extended reporting" covem.0c for a nlininlunt of five (5) ycars ,ftercomplcriun ofworlc. 8. Verification of Coverauc- The Foundation, Foundation's vendor„ its agents and/or Subcirntractors shall tarnish the Grantee with original Certificate; of TnSuranee including all Inquiral amendatory endorsements (or enpics of the applicable policy language vff�cling coveragerequircd by this clause) soul a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins on installation of the Mini Pitch. lluwever, f"lilpre to obtain the required documents prior to the wodc beginning shall not waive the Found:rtiun, its agents ur subconnaclors ubliganon to pruvidc them. The Ganurc reserves the right to require complete, cenificd copies of all required insurance policies, including endorsements required b_y these specilTcations, at any time. Failure of Foundation, Foundation's vendor its agetlls :old/or subc0nlracl0rs to pruvidc the required verification of p)vcrigc prior to the start of any work on installation or the Mini -Pitch shall be gn-uunds lot immediate termination of this Agreement. 9. Special Risks ur C'iruunslances- Grantee reserves the right to rnudily these requirements, inchrding firths, based on the muse Of the risk, prior experience. insurer, coverage, or other special circumstances. 1R. Participant Waiver and Release Forms: To thecxtcnl than Grantee Icquires pillicipanu in I1.9 prog,ranns or others who use the Mini Pitch to sium waiver and release forms, Gr ntec shall include the Foundation and the Foundation Pifflies as released parties in the form. 19. Use of Mark: Notwithstanding anything. in Illk Agreement to the contrary, in the event Grautcc dcsirc9 to n.Rc s Mark uwncd nr conrrollcd by Foundation ins manner consistclu with lhrs Af:tocincm, Grsnlcc shall first submit a sample of the concept of the proposed ux: to Foundation for prior wrinen approval, which approval may be withheld in the sole discretion of Foundation. Any such use by Cirantee shall create no rights for Grantee in or to the Mark. Each Mark shall romain at all times the sole and oxclusivc intcllcctltal pruperry of Fulludatiun, anti Fuurrtlariuu shall have the right, from rime to time, to roquc3r samploti ol'usc I'vorn which it may dcicr-rninccom1111MIcc wish thcsc terms and condirions. Nnlwil i mmlinfr any pros islon of this AL.,rccment to the contrary, foundation rcScrvcs, in its sole and abSOltltc discretion. the right to prohibit use of its Marks_ 20. Applicable Law: Jurisdiction: This ABrccmcnr shall be governor by and consnvod io aecunlancc with the law: of the stale of California, wiIhouI regard to principles of cull nicI of laws. Fach pm-ly agrees Ihal any action o proceeding with respect to this Agicunent may only be brought in a federal or state court siruated in the state of California, and by execution and delivery of this Agreement, such party irrevocably consents to jurisdiction and v CrrLLC in cash such COLLVL 21. Attorneys' bees: Grantee agrees to pay all costs and expenses, including reasonable attorneys' lees, incurred by Foundation in connection with any litigation concerning this Agreement should Foundation III evail against Grantee in such litigation, whether commencedby Foundation or Grantee_ City Council 10 — 15 7/6/2021