J.P. MORGAN CHASE BANK-2016 - Laserfiche WebLink

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Kerwin Deese, Vice President JPMORGAN CHASE BANK, N.A. 3 Park Plaza, Floor 09 Irvine, CA 92614 Phone: (949) 833 -4061 Email: kerwin.o.deesena iomorgan.com For the convenience of the CITY, a short list of helpful contacts is attached and incorporated herein as EXHIBIT C. Representative or designees: City of Santa Ana's Primary Representative /Project Manager shall be: Willard Holt Treasury and Customer Services Manager 20 Civic Center Plaza, Room 1105 Santa Ana, CA 92701 Phone: (714) 647 -5456 Email: wholt@santa- ana.orc 3 -6. Coordination Of Work: The Contract Officer shall be the person designated herein by CITY as Primary Representative /Project Manager. It shall be the BANKING SERVICE PROVIDER's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of this Agreement. 3 -7. Indemnity: BANKING SERVICES PROVIDER shall indemnify, defend, and hold harmless the CITY, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees) to extent caused by BANKING SERVICES PROVIDER'S negligent or unlawful performance of its obligations under or breach of the terms of this Agreement. For purposes of this Section 3 -7 "performance" includes action or inaction of BANKING SERVICES PROVIDER and /or officers, employees, agents and subcontractors. 3 -8. Limitation of Liability: In no event shall BANKING SERVICES PROVIDER, its employees, contractors, directors, affiliates and /or agents be liable for any special, incidental, p u n i t i v e, or consequential damages, such as, but not limited to, delay, lost data, disruption, and loss of anticipated profits or revenue arising from or related to the services, whether liability is asserted in contract or tort, and whether or not BANKING SERVICES PROVIDER has been advised of the possibility of any such loss or damage. In addition, BANKING SERVICES PROVIDER's total liability hereunder, including reasonable attorneys' fees and costs, shall in no event exceed an amount equal to the fees described in EXHIBIT B and /or B -1, as applicable. The foregoing sets forth the CITY's exclusive remedy for claims arising from or out of this Agreement. The provisions of this section allocate the risks between BANKING SERVICES PROVIDER and the CITY and BANKING SERVICES PROVIDER's pricing reflects the allocation of risk and limitation of liability specified herein. 3 -9. Insurance: BANKING SERVICES PROVIDER shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers' compensation insurance; employer's liability and commercial general liability insurance (CGL); comprehensive automobile liability insurance; banker's professional liability and 4