Merrilee Moore 1/7/2025 - Laserfiche WebLink

General Provisions - 2 City shall not be liable for injury to or loss of the Work by such measures. If the City applied conservation measures as provided in this Section, and if the Lender is the author of the Work, the Lender may require the City to remove any attribution of the Work to the Lender, but Lender otherwise agrees that 17 U.S.C. §106A(a)(3) shall not apply. 13.Indemnification. If the Lender is not the author of the Work, the Lender shall defend and indemnify the City from any claims, demands, lawsuits or other action by the author of the Work arising out of the author’s rights under 17 U.S.C. §101 et seq. 14.Insurance. A. Unless the Lender already has insurance on the Work that will be in effect during this Agreement, the City shall insure the Work for its fair market value at the beginning of this Agreement. Such insurance shall be for "all risks" of physical loss or damage from any external cause while at any location during the period of this loan, subject to the following limitations: 1. If the Work has been industrially fabricated and can be replaced to the Lender's specifications, the amount of such insurance shall be limited to the cost of such replacement; 2. If the Work is fragile or otherwise difficult to insure, the City may insist that the Lender either self-insure or maintain Lender’s own insurance on the Work; 3. The City may in its discretion require an appraisal or other reasonable evidence of the estimated fair market value of the Work for insurance purposes; 4. If the Lender does not state a fair market value for the Work or the Lender cannot produce reasonable evidence of the Work's fair market value, the City may either (i) require the Lender to maintain its own insurance on the Work, or (ii) insure the Work in an amount determined by the City (provided that such determination 5. shall not be construed for any purpose to be an appraisal by the City); 6. The City is not required to insure for any risk or loss beyond the coverage provided by its "all risk" policy. B. Neither the execution of this Agreement nor the provision of insurance coverage at the Lender's stated fair market value shall constitute an endorsement or approval of the Lender's stated fair market value by the City for any purpose whatsoever. The City's policy covering the Work will contain the usual exclusions for loss or damage due to war, invasion, hostilities, rebellion, terrorism, insurrection, confiscation by order of any government or public authority, risks of contraband or illegal transpiration and/or trade, nuclear damage, wear and tear, gradual deterioration, insects, vermin and inherent vice, and for damage sustained due to and resulting from any repairing, restoration or retouching process unless caused by fire and/or explosion. The Lender agrees that, in the event of loss or damage, recovery shall be limited to such amount, if any, as may be paid by the insurer, thereby releasing the City, and the officers, agents and employees of the City from liability for any and all claims arising out of such loss or damage. C. If the Lender chooses to maintain his own insurance, the Lender must provide to the City: (i) a certificate of insurance evidencing coverage; (ii) an endorsement naming the City as an additional insured; and (iii) waiver any rights of subrogation against the City from any liability in connection with the Work. The City shall not be responsible for any error or deficiency in information furnished to the Lender's insurer or for any lapses in the Lender's insurance coverage. 15. Limits on Liability. In no event is City liability to Lender in excess of the fair market value of the Work. The City has no liability to third parties. The City shall not be liable for loss of or damage to the Work due to or resulting from (i) normal wear and tear, (ii) gradual deterioration or vermin,