1996 RES R-142-96 (NOT USED) - Laserfiche WebLink

Browse Search

8.2 EcoGroup agrees to defend, indemnify and hold harmless the City, its of s, agents, employees, affiliates, parents and subsidiaries, against losses, ms, liabilities, damages and expenses of any nature directly or indirectly aris'out of or as the result of any acts or omission by EcoGroup or the employee ents or its subcontractors, in the performance of this Agreement. Upon t sertion of any such Claim, the City shall promptly give EcoGroup notice ' riting, and EcoGroup shall have the right to settle or, at its own expens efend through counsel of its own choice, any action which may be broug, "connection with such Claim. 9. Default. In the event that either party defaults on any off" obligations under this Agreement (including but not limited to the payment obligations con d in Section 4 above and the annual minimum volumes, if any, set forth in Exhibit B), and r default is not cured within 30 clays after written notice of such default is received fr e nondefaulting party, the nondefaulting party may terminate this Agreement and the term ' ection 10, below shall apply. 10. Termination. 10.1 Upon termination of this Agreement, f ` y reason, all rights and privileges granted to the City shall cease as of ; ate of termination, including but not limited to any EcoGroup Intellectu operty, and the City shall return all materials in its possession which ar, ' property of EcoGroup. 10.2 If this Agreement is terminated ny reason other than at the request of, or because of an uncured defaul the part of EcoGroup, the City shall pay EcoGroup, within thirty (30 ys of the date of termination, for all work performed under the Agree .' 10.3 Termination of this Agree under any circumstances shall not, in whole or in part, release or extinguis debt, obligation or liability of either party existing prior to termination, in ng but not limited to any debt, obligation or liability leading to or arising f 'm -such termination. 11. AssigUMMI. Neither pJ-nsent y assign or transfer any of the rights or obligations under this Agreement without the writtof the other party which consent shall not unreasonably be withheld. �` 12. Entire Agreement., is Agreement, together with any attachments, contains the entire agreement of the parties re are no other agreements, oral or written, existing between them except as contained or re 'd to in this Agreement. This Agreement may be amended only by a written instrument ted by the parties or their respective successors, assigns or legal representatives. Fail y either party to insist upon compliance with any term or provision of this Agreement at e or under any set of circumstances will not operate to waive or modify that provision or r' r it unenforceable at any other time. 13. R 1 i f h P i . Neither party, nor any of its respective employees, representative gents, shall be considered any employee, agent or joint venture partner of the other party irtue of this Agreement. Contidentia coGroup, Inc. 3 1996. coc 10/09/96