RES 87045 - Laserfiche WebLink

CLIENT shall pay the CONSULTANT for services rendered in regard to such legal or other controversy, or the basis of charges for ADDITIONAL SERVICES, as prescribed in ARTICLE 2, in addition to other sums of money pay- able under this AGREEMENT. R. That, if the engineering services covered in this AGREEMENT have not been completed upon the expiration of a 2-year (24-month) period from the date of exe- cution of this AGREEMENT, the CLIENT or CONSULTANT may, at the option of either, on written notice, request a renegotiation of ARTICLE 2 (Providing for the compen- sation to be paid the CONSULTANT for services rendered) to allow for changes in the cost of service. Such new schedule of compensation is to apply to work performed by the CONSULTANT after delivery date of such written notice. S. That, this AGREEMENT is to be binding on the succes- sors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. ARTICLE 5 It is further mutually agreed to by the parties hereto: A. INDEMNIFICATION CONSULTANT shall defend, indemnify, and hold harmless, the CITY and its officers and employees from and against all claims, losses, damage, injury, and liabil- ity for damages arising from negligent acts, errors, or omissions of the CONSULTANT in the performance of its services under this AGREEMENT. This indemnification shall extend for one year after completion of the PROJ- ECT as well as during the period of actual performance of services under this AGREEMENT. Acceptance by the CITY of the insurance certificates required under this AGREEMENT does not relieve the CONSULTANT from liabil- ity under this indemnity and hold harmless clause. CONSULTANT'S liability to the CITY for any cause or combination of causes is, in the aggregate, limited to an amount no greater than the insurance coverage under this AGREEMENT, as noted in ARTICLE 6, whether such liability arises in breach of Contract or Warranty, tort including negligence, strict liability or other- wise. B. LIMITATION OF LIABILITY The City of Pleasanton recognizes that the Scope of Work included herein is to provide construction manage- ment services for a project designed by others. As SJR1/057 -11-