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20.No Waiver. The failure of either party to insist upon strict performance of any of the provisions <br />of the Terms and Conditions will not be deemed a waiver of any breach or default. The remedies <br />provided to OMIGA SOLUTIONS hereunder are not a waiver of the remedies of OMIGA <br />SOLUTIONS under applicable law. <br />21.Severability. If any provision of the Agreement is unenforceable as a matter of law, all other <br />provisions will remain in effect. <br />22.Excusable Delay. OMIGA SOLUTIONS will not be liable for any delay or failure of <br />performance whatsoever due to acts of God, earthquakes, shortage of supplies, <br />transportation difficulties, labor disputes, riots, war, fire, epidemics, or other <br />circumstances beyond OMIGA SOLUTIONS's control. <br />23.Insurance. OMIGA SOLUTIONS agrees for the duration of this contract to procure and <br />maintain insurance against claims for injuries to persons or damage to property which may <br />arise from or in connection with OMIGA SOLUTIONS’s services supplied to the Customer. <br />OMIGA SOLUTIONS’s maintenance of insurance as required by this agreement shall not be <br />construed to limit the liability of OMIGA SOLUTIONS to the <br />coverage provided by such insurance, or otherwise limit the Customer’s recourse to any remedy <br />available at law or in equity. OMIGA SOLUTIONS agrees to procure and maintain a Commercial <br />General Liability insurance that shall be written on Insurance Services Office (ISO) occurrence <br />form CG 00 01 and shall cover products liability. The Customer shall be named as an additional <br />insured under OMIGA SOLUTIONS’s Commercial General Liability insurance policy using ISO <br />Additional Insured-Contractor’s Endorsement CG 20 15 or a substitute endorsement providing <br />equivalent coverage. Commercial General Liability insurance shall be written with limits of no <br />less than $1,000,000 each occurrence, <br />$1,000,000 general aggregate and a $2,000,000 products liability aggregate limit. The insurance <br />coverage shall be the primary insurance as respect to the Customer. Any insurance, self- <br />insurance, or insurance pool coverage maintained by the Customer shall be excess of OMIGA <br />SOLUTIONS’s insurance and shall not contribute with it. OMIGA SOLUTIONS’s insurance shall be <br />endorsed to state that the coverage shall not be cancelled by either party, except after thirty <br />(30)DAYS prior written notice by certified mail, return request, has been given to the <br />Customer. The said insurance is to be placed with insurers with a current A.B. Best rating of not <br />less than A: VII. OMIGA SOLUTIONS will furnish the Customer with the original certificate and a <br />copy of the amendatory endorsements, including but not necessarily limited to the additional <br />insured endorsement, evidencing the insurance requirements of this contract before security <br />services will commence and be accepted by the Customer. <br />24.Entire Agreement. These terms and conditions along with the Offer constitute the entire <br />agreement between the parties as to the sale Services and supersede all prior or current <br />written or oral statements, representations, negotiations, agreements and understandings. <br />Omiga Solutions Inc. City of Everett <br />Authorized Signature <br />Name: Mark W. Meyer <br />Title: President <br />Date: <br />Authorized Signature <br />Name: Cassie Franklin <br />Title: Mayor <br />Date: <br />Mark W Meyer <br />11/16/2023 11/16/2023