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12-21-2016 ADDITIONS Packet
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12-21-2016 ADDITIONS Packet
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2 <br />#7 – Agreement terms will remain as proposed – Indemnification. First, the language on (1) limiting AY’s <br />indemnification to the commission due should be removed. If due to AY’s negligence the City suffers a loss, AY should <br />compensate the City for the entire loss. Next, it has always been our position that a municipality cannot indemnify the <br />other party to the transaction. <br /> <br />#8 – Agreement terms will remain as proposed – Fees and Expenses. Under the present language, you would reimburse <br />AY for any legal expenses they incur in enforcing their rights to payment under this agreement. First, you should only <br />be liable to pay their costs if they are successful in their action. I don’t believe you should be paying any of their costs <br />to enforce the commission agreement. <br /> <br /> <br />
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