Sg Police A p p CO m 750 Pomeroy Avenue, Stute 201
Meriden CT 06450
wu pollceapp cont
shall not be responsible or liable to CLIENT or any other third party for any threatening,
defamatory, obscene, offensive or illegal conduct of the CLIENT or any third party or any
infringement of another's rights, including real or intellectual property rights, by the
CLIENT or any third party.
9.) Disclaimer_of Warranties. POLICEAPP will make all reasonable efforts to provide the
Services in a timely manner and to in accordance with current industry standards.
Notwithstanding the foregoing, the Services are provided “As Is” and POLICEAPP makes
no warranties with respect to the availability and accuracy of the Services. If POLICEAPP
fails to provide the Services as outlined in this Agreement, or with any of the Terms of Use,
CLIENT’s sole and exclusive remedy is to discontinue use of the Services.
10.) Insurance.
POLICEAPP shall, at its own expense, maintain the following insurance coverages with
insurers rated A-VII or better in the A.M. Best Key Rating Guide for property and casualty
insurance companies: (a) general liability insurance in the amount of $1,000,000 per
occurrence and $2,000,000 in the aggregate; and (b) professional / cyber liability insurance in
the amount of $5,000,000 in the aggregate, covering the clients costs for computer and data
loss restoration, notification costs, credit monitoring and liability to third parties from
POLICEAPP’s failure to handle, manage, store and control personally identifiable
information. POLICEAPP shall maintain in effect during the performance under this contract
all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by POLICEAPP are intended to and shall not in any manner limit or
qualify the liabilities and obligations assumed by POLICEAPP. The CLIENT shall not
maintain any insurance on behalf of POLICEAPP. POLICEAPP will provide the City of
Nashua, Risk Management, 229 Main Street Nashua, NH 03060, with certificates of insurance
for coverage as listed above and endorsements affecting coverage required by the contract
within 10 calendar days after execution of this FSA. General liability policies must include
the City of Nashua as an additional insured and reflect as such on the certificate of insurance.
POLICEAPP is responsible for filing updates certificates of insurance with the City of
Nashua’s Risk Management Department during the life of the contract.
11.) Indemnification. Regardless of any coverage provided by any insurance, POLICEAPP
agrees to indemnify and shall defend and hold harmless the City, its agents, officials,
employees and authorized representatives and their employees from and against any and
all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands,
damages, liabilities, interest, attorney's fees, costs and expenses of any kind or nature in any
manner caused, occasioned, or contributed to in whole or in part by reason of any negligent
act omission, or fault or willful misconduct, whether active or passive, of POLICEAPP or of
anyone acting under its direction or control or on its behalf in connection with or incidental
to the performance of this contract. POLICEAPP’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the actions or inactions
in whole or in part by the client.
12.) Choice of Law and Venue
POLICEAPP.COM / Nashua, NH agreement — PAGE ; of 8
