FLOCK GROUP, INC. - Laserfiche WebLink

Home Browse Search

STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (1) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR(1I) INDEMNIFICATION OBLIGATIONS. 9.2 Responsibility.Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers,or agents,in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees. 9.3 Flock Indemnity.Flock shall indemnify and hold harmless Customer, its City Council, agents and employees, from liability of any kind,including claims, costs(including defense) and expenses,on account of (i) infringement of any copyrighted material,patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or(ii) any damage or injury to property or person directly caused by Flock's installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock's performance of this indemnity obligation shall not exceed two (2)times the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve(12)months. I.U. INSTALLATION SERVICES AND OBLIGATIONS 10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove,reposition,re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's