FERGUSON GROUP 4 -2001 - Laserfiche WebLink

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'-' -..J IV. HOLD HARMLESS Consultant shall indemnify and save hannless City, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property, and employees or agents of City, and shall defend, indemnify and save hannless City, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind of nature, including, but not by way of limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts, errors or omissions of Consultant, its employees or subcontractors. V. ASSIGNABILITY Consultant shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of City; provided, however, that claims for money due or to become due from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of such assignment or transfer shall be promptly furnished to City. VI. CONFLICT OF INTEREST The City acknowledges that Consultant may represent other clients in Washington, D.C. during this Agreement. However, if a potential conflict of interest arises due to this representation, Consultant shall notify The City, in writing, immediately and provide the name and address of each client under contract. VII. CERTIFICATION OF NONDISCRIMINATION By signing this Agreement, Consultant certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap or medical conditions. VIII. REPRESENTATIVES AND NOTICES The City Manager shall be the representative of City for purposes of this Agreement and may execute all consents, approvals, directives, or agreements on behalf of City called for by this Agreement except as otherwise expressly provided in this Agreement. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. mail, postage prepaid, to the following addresses: To City: City Manager/Council Support Office 20 Civic Center Plaza Santa Ana, California 92701 To Consultant: The Ferguson Group, L.L.C.