2008-093A - Laserfiche WebLink

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2 . Indemnification of County. Tenant shall indemnify and hold harmless the County from all suits, actions or claims including reasonable attorney' s fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said successful bidder or by or in consequence of any liability losses, misconduct or negligent act or omission of Tenant, her agents or employees in connection with the operation of the food service concession. 3 . Notice of Claims. County and Tenant shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated, defended and adjusted. 4. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this agreement . SECTION V - COUNTY RESPONSIBILITIES 1 . Obligations to Provide Facilities. County, leases the premises in "as is" condition. Tenant shall be responsible for all repairs and maintenance to the leased premises and properties. Tenant has inspected the premises and facilities and agrees that they are adequate facilities and the facilities adhere to current federal and state safety standards. SECTION VI - DEFAULT, REMEDIES 1 . Default by Tenant. In the event Tenant is in default under the terms of this Agreement, after three (3) days written notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default. 2 . Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Tenant may, in addition to any right of termination contained in this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach. SECTION VII - MISCELLANEOUS 1 . In connection with this Agreement, the parties agree to cooperate in good faith and to perform no act, or allow any omission, which would inhibit the other party from performing its obligations under this Agreement. 3 . This Agreement, together with the Exhibits constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Tenant by their respective duly authorized representatives. 5