Laserfiche WebLink
insurance, or to advise Consultant of any deficiencies in such documents and <br />receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, <br />City's right to enforce the terms of Consultant's obligations hereunder. City <br />reserves the right to examine any policy provided for under this paragraph. <br />F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to <br />provide the specified insurance, then Consultant will defend, indemnify and <br />hold harmless the City, the City's officials, agents and employees from any <br />loss, claim, liability and expense (including reasonable attorney's fees and <br />expenses of litigation) to the extent necessary to afford the same protection <br />as would have been provided by the specified insurance. Except to the <br />extent prohibited by law, this indemnity applies regardless of any strict <br />liability or negligence attributable to the City (including sole negligence) and <br />regardless of the extent to which the underlying occurrence (i.e., the event <br />giving rise to a claim which would have been covered by the specified <br />insurance) is attributable to the negligent or otherwise wrongful act or <br />omission (including breach of contract) of Consultant, its subcontractors, <br />agents, employees, or delegates. Consultant agrees that this indemnity shall <br />be construed and applied in favor of indemnification. Consultant also agrees <br />that if applicable law limits or precludes any aspect of this indemnity, then <br />the indemnity will be considered limited only to the extent necessary to <br />comply with that applicable law. The stated indemnity continues until all <br />applicable statutes of limitation have run. <br />If a claim arises within the scope of the stated indemnity, the City may <br />require Consultant to: <br />a. Furnish and pay for a surety bond, satisfactory to the City, <br />guaranteeing performance of the indemnity obligation; or <br />b. Furnish a written acceptance of tender of defense and indemnity <br />from Consultant's insurance company. <br />Consultant will take the action required by the City within fifteen (15) days of <br />receiving notice from the City. <br />21. Records Access. The Consultant shall provide the City access to any books, <br />documents, papers, and records which are directly pertinent to the specific contract, <br />for the purpose of making audit, examination, excerpts, and transcriptions, for three <br />years after final payments and all other pending matters related to this contract are <br />closed. <br />22. Ownership of Documents. All plans, diagrams, analyses, reports and information <br />generated in connection with the performance of the Agreement ("Information") <br />shall become the property of the City. The City may use the Information for its <br />purposes and the Contractor also may use the Information for its purposes. Reuse <br />Page 7 of 9 Standard Agreement For Professional Services <br />