Agenda Packets - 1986/04/07 - Laserfiche WebLink

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Qfl 3. GENERAL CONDITIONS (continued) d. Lnfringements and Indemnifications The bidder, if awarded the contract, agrees to protect, defend and save the City harmless against any demand for payment for the use of any patented material, process, article, or device that may enter into the manufacture, construction or form a part of the work covered by the contract and the bidder further agrees to indemnify and save the City harmless from suits or actions of every nature and description brought against it, for or on account of any injuries or damages received or sustained by a party or parties, by ur from any of the acts of the Contractor, his employees or agents. No member of the City Council or the Clerk-Adminis- tratcr or any other official or authorized assistant, employee or agent of the City shall be personally responsible for any liability arising under the contrac_. e. Defaults The breach of any of the terms and conditions of the contract on the part of the Contractor shall be grounds for the cancellation of the contract. The City, upon such termination, shall have the right to contract with other parties to perform the wo k, or to perform said work without contract, and in either case the Citv shall hold the Contractor and his surety liable for any excess cost for performing rush work over the cost to the City if the initial. contractor had continued to perform in the manner anticipated at the time the contract was awarded. Termination of the contract as herein provided shall not terminate, suspend, or affect the liability of the surety upon the bond. Failure to comply with the terms of these specifica- tions relative to the collection and disposal of garbage and rubbish on the part of the Contractor by reason of major disaster, epidemic, or other extreme emergency within the City shall not constitute a breach of the contract.