|
POLARIS
<br /> considered a condition beyond a party's reasonable control. This provision does not relieve the COUNTY of
<br /> its obligation to make payments then owing.
<br /> 25. Indemnification
<br /> In consideration of the sum of Fifteen and 00/ 100 Dollars ($15.00), the receipt and sufficiency of which is
<br /> acknowledged by Polaris to be included and paid for in the contract price, Polaris shall indemnify, defend,
<br /> and hold harmless the COUNTY and its agents and employees from and against all liabilities, claims,
<br /> damages, losses, and expenses, including attorney 's fees, arising out of or resulting from the performance of
<br /> the work, provided that any such liability, claim, damage, loss, or expense: a) is attributable to bodily
<br /> injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work
<br /> itself), including the loss of use resulting therefrom; and b) is caused in whole or in part by any negligent act
<br /> or omission of Polaris, and subcontractor, anyone directly or indirectly employed by any of them or anyone
<br /> for whose acts any of them may be liable, regardless of whether or not it is caused in whole or in part by the
<br /> COUNTY.
<br /> In any and all claims against the COUNTY or any of its agents or employees, by any employee of Polaris,
<br /> any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
<br /> them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any
<br /> way as to the amount or type of damages, compensation or benefits payable by or for Polaris or any
<br /> subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts .
<br /> 26. Amendments
<br /> Amendments and modifications to all, or any part, of the Agreement and to the appendices and referenced
<br /> attachments, may be made, and shall be binding, only if in writing and signed by duly authorized
<br /> representatives of both parties.
<br /> 27. Funding
<br /> COUNTY represents that funding has been appropriated in fiscal year 2006-2007 sufficient to purchase the
<br /> deliverables set forth in the Schedules attached to this Agreement.
<br /> 28. Hardware and System Software Modification
<br /> Polaris reserves the right to adjust specific components of the Hardware and System Software to reflect
<br /> availability at the time of purchase. In no event shall any such adjustment (1) increase the overall cost of the
<br /> Hardware and System Software (unless prior written approval is given by the COUNTY), and (2) detract in
<br /> any way from the performance of the Hardware and System Software as warranted herein.
<br /> 29. Insurance
<br /> A. Prior to the time Polaris is entitled to commence any part of the project, work, or services under this
<br /> contract, Polaris shall procure, pay for, and maintain at least the following insurance coverages and limits.
<br /> Said insurance shall be evidenced by delivery to the COUNTY of 1) certificates of insurance executed by the
<br /> insurers listing coverage's and limits, expiration dates and terms of policies and all endorsements whether
<br /> or not required by the COUNTY, and listing all carriers issuing said policies; and 2) upon request, a
<br /> certified copy of each policy, including all endorsements , The insurance requirements shall remain in effect
<br /> throughout the term of this contract.
<br /> 1 . Workers' Compensation in at least the limits as required by law; Employers' Liability Insurance of not less
<br /> than $100,000.00 for each accident.
<br /> 2. Commercial General Liability Insurance including, but not limited to, Independent Contractor,
<br /> Contractual, Premises/ Operations, Products/Completed Operation and Personal Injury covering the
<br /> liability assumed under indemnification provisions of this contract, with limits of liability for personal
<br /> injury and/ or bodily injury, including death, of not less than $2,000,000. 00, each occurrence; and property
<br /> damage of not less than $1,000,000.00, each occurrence. (Combines single limits of not less than
<br /> $2,000,000.00, each occurrence, will be acceptable unless otherwise stated) . Coverage shall be on an
<br /> "occurrence" basis, and the policy shall include Broad Form Property Damage coverage and Fire Legal
<br /> Liability of not less than $50,000 .00 per occurrence, unless otherwise stated by exception herein
<br /> 3/20/07 Indian River County Contract Page 10 of 30
<br />
|