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12
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2015
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090115
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12
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8/26/2015 3:02:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/1/2015
DESTRUCT DATE
15Y
DOCUMENT NO
12
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Attachment 1 <br /> 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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