Reso 2012-084 - Laserfiche WebLink

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The Company understands, acknowledges and agrees that any and all authorizations granted to the Company under this Agreement are nonexclusive and shall remain subject to all prior and continuing regulatory and proprietary rights and powers of the City to regulate, govern and use City property, as well as any existing encumbrances, deeds, covenants, restrictions, easements, dedications and other claims of title that may affect City property. The City and the Company agree that nothing contained in, or contemplated by, this Agreement is intended to confer, convey, create or grant to the Company any perpetual interest in any City property or in any of City's public rights of way. 29. Taxes. 29.1 The Company shall pay before delinquency any and all taxes, assessments, licenses, fees and other public charges which may be levied, assessed or imposed upon any of the Company's interests herein, upon the Company's businesses or the Company for the privilege of conducting business, or upon any property of the Company at the Property. The Company is advised that this Agreement may, but is not intended to, create a possessory interest in the Property, for which the Company may be subject to payment of possessory interest taxes therefor, for which the City shall not be liable. Payment of any possessory interest tax shall not reduce in any way any charges or other fees required to be paid by the Company hereunder. 29.2 The Company shall not permit or suffer any liens to be imposed upon the Property or any portion thereof, without promptly discharging the same, provided, however, that the Company may, if it so desires, contest the legality of same following prior written notice to the City. In the event of a contest or a lien, the Company shall provide a bond in an amount and in a form acceptable to the City immediately following request therefor by the City. 30. Insurance. 30.1 The Company, at the Company's own expense throughout the Term of this Agreement, as extended, shall comply with the insurance requirements attached hereto as Exhibit H and incorporated by reference herein. The procuring of the policy or policies of insurance required by Exhibit H shall neither be construed to limit the Company's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. Notwithstanding the policy or policies of insurance, the Company shall be obligated for the full and total amount of any damage, injury or loss caused by its negligence or willful misconduct arising out of this Agreement or the Company's use of the Property. 30.2 The Company shall deposit with the City, on or before the Effective Date, certificates of insurance and the required endorsements in forms reasonably satisfactory to the City, indicating compliance with the insurance provisions of this Agreement. The Company shall keep the insurance in effect, and the certificates evidencing the insurance on deposit with the City during the Term of this Agreement and as the same may be extended. 14