FAAC, INC. 2 - 2006 - Laserfiche WebLink

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15.1.2. Worker's Compensation 1nsurance. 1n accordance with the provisions of Section 3300 of the Labor Code, FAAC is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, FAAC agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 15.2. The following requirements apply to the insurance to be provided by FAAC pursuant to this section: . (i) F AAC shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ij) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 15.3. IfFAAC fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect FAAC's right to be paid for its time and materials expended prior to notification of termination. FAAC waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 16. GENERAL 16.1. TAXES. The Equipment purchase price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by City except as exempt by law. If FAAC is required to pay any of these taxes, FAAC will send an invoice to City and City will pay to FAAC the arnount of the taxes within forty-five (45) days after the date of the invoice. City will be solely responsible for reporting the Equiprnent for personal property tax purposes, and FAAC will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Neither Party may assign this Agreement without the prior written consent of the other Party. FAAC may subcontract any of the work, but subcontracting will not relieve FAAC of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreernent will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing wai ver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. Santa Ana, CSA FAAC Page 7 2-6-06