for employment from any employee of the Seller assigned to the performance of the
contract. Neither party shall be considered in default of the performance of such
obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or
more of Seller’s principals, officers, employees, agents, subcontractors, sub consultants,
vendors, or suppliers are expressly recognized to be within Seller’s control.
10. Indemnification. To the fullest extent permitted by law, Seller shall
indemnify, protect, defend, and hold harmless City, its officers, officials, agents,
employees and volunteers from and against any and all claims, damages, demands,
liability, costs, losses and expenses, including without limitation, court costs and
reasonable attorneys’ and expert witness fees resulting from, or related to, this Contract,
and/or arising out of any failure to comply with applicable law, any injury to or death of
any person(s), damage to property, loss of use of property, economic loss or otherwise
arising out of the performance of the work described herein, except where such loss or
damage was caused by the sole negligence, or willful misconduct of the City. The
provisions of this section shall survive the completion, termination or suspension of this
Contract.
City shall promptly notify Seller of any claim and reasonably cooperate, assist and
provide appropriate information (at Sellers's expense) for the defense of the action. Seller
shall pay all damages and costs awarded therein against City but shall not be responsible
for any compromise made without Seller's consent, which consent shall not be
unreasonably withheld.
11. Warranties. In addition to any warranties provided for under the Contract
Documents, Seller warrants that the Electric Hybrid Low Floor Cutaway Vans, including
any component or replacement parts, furnished, manufactured or provided by Seller will be
free from defects in material and workmanship for a period of one hundred and eighty
(180) days from date of acceptance of the Electric Hybrid Low Floor Cutaway Vans by
City. Any additional warranties provided by law, including, but not limited to, the
warranty of merchantability and warranty of fitness for a particular purpose shall remain in
full force and effect and inure to the benefit of City. City reserves all rights and remedies
provided by law for breach of any applicable warranty related to the Electric Hybrid Low
Floor Cutaway Vans.
12. Insurance. Seller shall provide insurance coverage pursuant to Exhibit B
attached hereto, and provide proof of insurance to City's satisfaction.
13. Remedies. In the event of a material breach of the Contract Documents by
Seller, City may avail itself of any other right and remedies available at law or in equity.
Nothing herein shall limit City's rights to seek any available remedy including, but not
limited to, damages and/or equitable relief, in a court of competent jurisdiction.
