MORRISON, DEEDEE DBA SEEDS PODS - Laserfiche WebLink

A0941 .OMl Artist shall promptly and to the satisfaction of City repair, correct, or replace the defective portion of the Work at Artist's own expense. D. Artist hereby represents and warrants to the City that the Work is solely the result of the artistic and creative effort of Artist,that the Work is original, that to his individual and collective knowledge, the Work is one of a kind, and that the Work does not, to his individual knowledge, infringe upon any copyright. The Artist agrees not to reproduce the Work without prior written consent by City. 4. FORCE MAJEURE. Any delay in the performance by Artist shall be excused if such delay is caused by act of the City, its agents, contractors, employees or by act of God,accident, war, war-like operations, civil commotion,riots, labor disputes, sabotage, governmental acts, regulations or controls, fire or other casualty. Failure to fulfill contract obligations due to conditions beyond any parry's reasonable control will not be considered a breach of this Agreement provided those obligations affected shall be suspended only for the duration of such conditions. 5. RISK OF LOSS. The risk of loss or damage to the Work shall be borne by Artist until the Work has been installed at the Site. Upon completion of said installation,Artist shall notify City in writing of such completion and risk of loss or damage to the Work shall pass to City upon City's receipt of such notice. 6. INSURANCE. Artist agrees to procure at Artist's expense and to maintain through fabrication,transportation, and transfer of ownership title of the Work, insurance as follows against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Artist, its agents, employees,representatives or subcontractors: A. General Liability and Bodily Injury Insurance A comprehensive, general liability insurance for at least$500,000 combined limit for bodily injury and property damage and provide that the City, its officers, employees and agents are named additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Artist and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder. B. Automobile Liability Insurance. Automobile liability insurance is needed.A copy of personal insurance is permissible and acceptable. C. Workers' Compensation Insurance. Artist attests that he has no employees subject to State requirements for workers compensation insurance. If there are persons who are determined to be employees of Artist,then Artist shall indemnify the City for any claims by such persons for any claims related to injuries arising from their work for Artist. Page 3 of 7