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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2014
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091614
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05
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8/25/2015 4:57:40 PM
Creation date
9/10/2014 4:35:52 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/16/2014
DESTRUCT DATE
15Y
DOCUMENT NO
5
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consultant and expert fees, and court costs, to the extent caused by the <br />indemnifying party's own negligence, recklessness, willful misconduct, or <br />infringement of any patent, trademark, or copyright (or uncopyrighted <br />composition, secret process, patented or unpatented invention, article or <br />appliance furnished or used) in the performance of its services under a Task <br />Order issued pursuant to this AGREEMENT. This indemnity shall not apply <br />to liability for damages for death or bodily injury to persons, injury to property, <br />or other loss arising from the sole misconduct, including active negligence, of <br />the party receiving the service, or of another Party to this AGREEMENT, or <br />their respective elected officials, officers, directors, employees, agents, and <br />designated volunteers unless the Parties expressly so provide. <br />Acceptance of insurance certificates and endorsements required under this Task <br />Order does not relieve a Member Agency from liability under this indemnification <br />and hold harmless clause except to the extent payment is made under such <br />policy or policies <br />10.Obligation to Correct Errors In addition to the above indemnification <br />obligations, a Member Agency providing services shall correct, at its own <br />expense, all errors in the services provided measured against the terms of the <br />Task Order under which services were provided. Should a Member Agency <br />providing services fail to make such correction in a timely manner after being <br />notified, the Member Agency contracting for the service shall make the <br />correction and charge the cost thereof to the Member Agency responsible for <br />providing the service <br />16 <br />
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