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Agmt 2015 eLock Technologies LLC
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Agmt 2015 eLock Technologies LLC
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Last modified
5/20/2015 3:30:59 PM
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5/20/2015 3:30:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/18/2015
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PERM
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Reso 2015-093
(Approved by)
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\City Clerk\City Council\Resolutions\2015
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4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and <br /> obtain the written approval of City for the self-insured retentions and deductibles <br /> before beginning any of the services or work called for by any term of this <br /> Agreement. At the option of the City, either:the insurer shall reduce or eliminate <br /> such deductibles or self-insured retentions as respects the City, its officers, <br /> employees, and volunteers; or the Contractor shall provide a financial guarantee <br /> satisfactory to the City guaranteeing payment of losses and related investigations, <br /> claim administration and defense expenses. <br /> 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a"wasting" <br /> policy limit(i.e. limit that is eroded by the cost of defense). <br /> 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall <br /> be endorsed to state that coverage shall not be canceled by either party,except <br /> after 30 days' prior written notice has been provided to the City. <br /> 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its <br /> policies or shall furnish separate certificates and certified endorsements for each <br /> subcontractor. All coverages for subcontractors shall be subject to all of the <br /> requirements stated herein. <br /> 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide <br /> or maintain any insurance policies or policy endorsements to the extent and within the time <br /> herein required, City may, at its sole option exercise any of the following remedies, which <br /> are alternatives to other remedies City may have and are not the exclusive remedy for <br /> Contractor's breach: <br /> • Obtain such insurance and deduct and retain the amount of the premiums for such <br /> insurance from any sums due under the Agreement; <br /> • Order Contractor to stop work under this Agreement or withhold any payment that <br /> becomes due to Contractor hereunder,or both stop work and withhold any payment, <br /> until Contractor demonstrates compliance with the requirements hereof; and/or <br /> ■ Terminate this Agreement. <br /> Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall <br /> indemnify, defend with counsel acceptable to City,and hold harmless City and its officers,officials, <br /> employees, agents and volunteers from and against any and all liability, loss, damage,claims, expenses, <br /> and costs(including without limitation, attorney's fees and costs and fees of litigation)(collectively, <br /> "Liability")of every nature arising out of or in connection with Contractor's performance of the Services or <br /> its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by <br /> the sole negligence or willful misconduct of City. <br /> The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's <br /> inability to evaluate Liability or because the Contractor evaluates Liability and determines that the <br /> Non-Professional Services Agreement between SL BART Bike eLocker <br /> City of San Leandro and eLock Technologies LLC. Page 7 of 14 <br />
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