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2010-05307 Statement of Terms and Conditions
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2010-05307 Statement of Terms and Conditions
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Last modified
1/29/2011 7:14:04 AM
Creation date
11/29/2010 11:16:13 AM
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PW_Contract
COE_Contract_Number
2010-05307
PW_Document_Type_Contract
Correspondence
Organization
Parkside Place WUN Park WI-FI Project
PW_Department
Public Works
Contract_Administrator
Aanderud
Contract_Manager
Jackie Hallett
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No
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13.2 Indemnification by Owner. The Owner agrees to indemnify, defend and <br />hold harmless the Vendor, its officers, agents, and employees, from any claims, <br />actions, liability or costs, including attorney fees and other costs of defense, <br />arising out of or in any way related to use of the WUN Park Wi-Fi Project wireless <br />internet service in the WUN Park under this agreement and arising from the sole <br />or joint negligence and or fault of the Owner, its members, agents, officers, or <br />invitees. <br />13.3 Liability Insurance. The Vendor shall obtain and continuously maintain <br />during the term of this agreement, commercial general liability insurance <br />coverage written by a company admitted in the State of Oregon and that is <br />acceptable to Owner's risk manager. This liability insurance requirement may be <br />met by liability insurance on the Parkside Place LLC apartment building. Total <br />liability coverage limits shall be a minimum of $1 million. <br />13.4 Discharge for Claims. The Vendor and Owner hereby release and <br />discharge each other from any claims for damages to the WUN Park Wi-Fi <br />Project equipment occurring during the term of this agreement arising out of or <br />incident to fire or other casualty or perils covered by property insurance policies <br />carried by Vendor or Owner, whether due to the negligence of the parties, their <br />agents, employees or otherwise. <br />13.5 Equipment and Material. The Vendor shall be responsible for any loss, <br />damage, vandalism or destruction of its own property, equipment, and materials <br />used in conjunction with its activities regarding the WUN Park Wi-Fi Project <br />equipment. <br />14. Default. If the Vendor shall neglect or fail to do or perform any of the <br />agreements herein contained and if such default shall continue for twenty (20) days <br />after written notice thereof has been given to the Vendor by Owner, the Owner may <br />immediately request the Vendor to terminate the agreement and return a prorated share <br />of the annual operation costs for the WUN Park Wi-Fi Project. The prorated annual <br />operating costs that may be requested by the Owner are limited to $1200/year for each <br />full year remaining in the agreement. <br />Statement of Terms and Conditions for WUN Park Wi-Fi Project Page 3 <br />
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