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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2008
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091608
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11
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9/9/2008 4:39:32 PM
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9/9/2008 4:39:27 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/16/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
11
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ATTACHMENTI <br />b) For Default If the Consultant fails to perform in the manner called for in the Agreement, <br />or if the Consultant fails to comply with any other provisions of the Agreement, City may <br />terminate this Agreement for default. Termination shall be effected by serving a notice of <br />termination on the Consultant setting forth the manner in which the Consultant is in default. <br />The Consultant shall have 7 days from receipt of notice of termination to remedy the <br />elements of the default identified by City in the notice of termination, and if so remedied, <br />will no longer be deemed in default. If the Consultant fails to remedy the default, The <br />Consultant will only be paid for all work performed to the date of termination as calculated <br />by City based on Pazagraph 10 a) hereof, provided that such compensation shall not in any <br />case exceed the maximum sum set forth in Paragraph 7 hereof. <br />11. Non-Assienability. The Consultant shall not assign, sublet, or transfer this <br />Agreement or any interest or obligation therein without the prior written consent of the <br />City, and then only upon such terms and conditions as City may set forth in writing. <br />12. Indemnify and Hold Harmless. Consultant shall defend, indemnify, and <br />hold harmless, the City and its officers and employees from and against all claims, losses, <br />damage, injury, and liability for damages to the extent arising from negligent acts, errors or <br />omissions of the Consultant in the performance of its services under this Agreement, <br />regazdless of whether the City has reviewed and/or approved the work or services which <br />has given rise to the claim, loss, damage, injury or liability for damages. This <br />indemnification shall extend for a reasonable period of time after completion of the project <br />as well as during the period of actual performance of services under this Agreement. The <br />City's acceptance of the insurance certificates required under this Agreement does not <br />relieve the Consultant from its obligation under this pazagraph. <br />13. Insurance. During the term of this Agreement, Consultant shall maintain in <br />full force and effect at its own cost and expense the following insurance coverage: <br />a. General Liability and Bodily Iniurv Iusurance <br />A commercial general liability insurance for at least $1,000,000 <br />combined limit for bodily injury and property damage and provide <br />that the City, its officers, employees and agents aze named additional <br />insureds under the policy. The policy shall state in writing either on <br />the Certificate of Insurance or attached rider thereof that this <br />insurance will operate as primary insurance for work performed by <br />Consultant and its subconsultants, and that no other insurance <br />effected by City or other named insured will be called on to cover a <br />loss covered thereunder. <br />b. Automobile Liability Iusurance <br />Automobile liability insurance in an amount not less than $1,000,000 <br />per person/per occurrence. <br />c. Workers' Comuensation Insurance <br />
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