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HR SPECIAL MEETING AGENDA 01-14-2019
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HR SPECIAL MEETING AGENDA 01-14-2019
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1/11/2019 4:24:50 PM
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1/11/2019 9:23:25 AM
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City Government
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HRSR
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1/14/2019
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6 | Page <br />CLIENT NAME Loan Servicing Agreement #XXXX <br />14. Insurance <br /> <br />During the term of this Agreement, CEE will obtain and maintain insurance in the amounts listed <br /> below: <br />General Liability $2,000,000 Aggregate Limit <br />Automobile Liability $1,000,000 Combined Single Limit <br />Excess Liability $1,000,000 Aggregate Limit <br />Professional Liability $1,000,000 Aggregate Limit <br />Workers Compensation Statutory Limit <br /> <br />15. Limitation of Liability <br />CEE’s role is strictly limited to the Services. Client will be solely responsible for making all <br />decisions concerning the management of the Client Loans. At all times, Client will be responsible <br />for the accuracy of all information provided to CEE, and CEE may rely on any document of any <br />kind which it, in good faith, reasonably believes to be genuine and to have been adopted or signed <br />by the proper authorities or persons respecting any matters arising hereunder. The sole duty of <br />CEE is to exercise ordinary care in its performance of the obligations described in this <br />Agreement. Client agrees that CEE, its officers, directors, agents, and employees (“CEE <br />Representatives”) will not be liable for events or circumstances beyond their reasonable control. <br />Client and CEE agree that clerical errors and mistakes in judgment do not constitute a failure to <br />exercise ordinary care or to act in good faith. <br /> <br />Neither party shall be liable to the other or any other person for any indirect, incidental, <br />consequential, punitive or special damages whatsoever (including without limitation, any <br />damages claimed for loss of income, revenue, or profits or for loss of goodwill) arising from or <br />related to services provided pursuant to this agreement. The exclusive remedy available to Client <br />shall be the right to pursue claims for actual damages that are directly caused by acts or omissions <br />that are breaches by CEE of its duties under this agreement. Notwithstanding anything to the <br />contrary in this Agreement, CEE’s total aggregate liability arising out of or related to this <br />Agreement shall not exceed the total amount of fees paid by Client to CEE pursuant to this <br />agreement during the twelve (12) months immediately preceding the event giving rise to such <br />action, excluding any third party costs. <br /> <br />16. Term of Agreement: Termination <br />The initial term shall commence on the Effective Date and continue for a period of three (3) years <br />(the “Initial Term”). Thereafter, the Agreement shall automatically renew for successive one (1) <br />year periods, unless CEE or Client provides written notice of non-renewal or amendment to the <br />other party at least sixty (60) days before the end of the then current term. Notwithstanding the <br />preceding, on the date corresponding to sixty days prior to the initial three-year anniversary, the <br />contract will automatically extend to the next one-year anniversary date, unless notice of <br />termination is given as specified in the following paragraph. <br />
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