GTECHNA 8/22/2018 - Laserfiche WebLink

[Vendor] subcontractors)shall expressly agree to defend and indemnify the City to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. Furthermore, Vendor's liability and obligation to pay both in respect of the indemnity above and in respect of any liability arising under this Agreement shall not exceed in the aggregate the total value of this project as defined in Exhibit B. Neither Vendor nor City shall be liable for any indirect damages,incidental damages, consequential damages, special damages, loss of profits, loss of revenue,loss of data,and loss of unrealized savings. The above aforementioned limits of liability shall apply regardless of the form action related thereto, whether based on tort(including negligence),breach of contract,rescission of contract, strict liability,indemnity obligations,and under any other legal theory. To the extent applicable, where the limits of liability apply for the benefit of the Vendor and the City, such limits of liability for the Vendor and the City shall be deemed to include the Vendor's and the City's affiliates, officers, directors and elected officials. 14 INSURANCE 14.1. [Vendor] shall comply with the following conditions and procure and keep in force during the term of this Agreement,at its own cost and expense,the following policies of insurance with companies authorized to do business in the State of Washington,which are rated at least"A"or better and with a numerical rating of no less than seven(7), by A.M. Best Company and which arc acceptable to the City. 1. Workers' Compensation Insurance as required by Washington law and Employer's Liability Insurance with limits not less than$1,000,000 per occurrence. If the City authorizes sublet work, [Vendor] shall require each subcontractor to provide Workers' Compensation Insurance for its employees,unless [Vendor] covers such employees. 2. Commercial General Liability Insurance on an occurrence basis in an amount not less than$1,000,000 per occurrence and at least$2,000,000 in the annual aggregate, including but not limited to: premises/operations(including off-site operations),blanket contractual liability and broad form property damage. 3. Business Automobile Liability Insurance in an amount not less than$1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for this insurance requirement. 14.2. The above liability policies shall contain a provision that the policy shall not be canceled without 30 days prior written notice to the City.No cancellation provision in any insurance City of Everett/Gtechna Software Agreement Page 8 7/25/2018 /L.