7.5. SR 07-15-2013 - Laserfiche WebLink

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ARTICLE VI. ADDITIONAL PROVISIONS Section 6.1. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement it will comply with all applicable federal, state and local equal employment and nondiscrimination laws and regulations. Section 6.2. Waiver and Release by Developer. The Developer hereby waives, releases and forever discharges the City and County from any claim for costs incurred in preliminary plans, specifications, site testing improvements, professional fees or legal fees in connection with the Project. Section 6.3. Release and Indemnifications Covenants. (a) The Developer releases from and covenants and agrees that the City and County and their governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City and County and their governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project or Property. (b) Except for any willful misrepresentation or wanton misconduct of the following named parties, the Developer agrees to protect and defend the City and County and their governing body members, officers, agents, servants and employees, now or forever and further agrees to hold the aforesaid harmless from any claim, demand, such , action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Developer under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Project and Property. (c) The City and County and their governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Developer or its officers, agents, servants, employees, invitees, guests or any other person who may be on the Property or may use the Project or Property due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements and obligations of the City and County contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City or County and not of any governing body member, officer, agent, servant or employee of the City or County in the individual capacity thereof. Section 6.5. Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 171419v1 10