Unimark EC3000 Series Spezifikationen PDF herunterladen (Seite 18)

AIMS System and Services Agreement Page 18 of 60

7.4 Contractor acknowledges that County retains the sole discretion of whether to

exercise the remedy of liquidated damages, in addition to other remedies

available pursuant to the Agreement, at law and in equity. The parties further

stipulate that the amount of liquidated damages provided for in Section 7.3 is not

intended to be a penalty and is purely intended to reasonably compensate

County for unknown and unascertainable damages. The parties agree that if

County allows Contractor to continue completion of the work to be provided

pursuant to the System Agreement, or any part of it, after the expiration of the

time allowed above, including extensions of time granted to Contractor by

County, that County’s action shall in no way act as a waiver on the part of County

of the liquidated damages due under Section 7.3.

ARTICLE 8

INDEMNIFICATION OF COUNTY

8.1 Contractor shall, at all times hereafter, indemnify, hold harmless and, at the

County Attorney’s option, defend or pay for an attorney selected by the County

Attorney to defend County, its officers, agents, servants and employees from and

against any claims, demands, causes of action, losses, liabilities, and

expenditures of any kind or nature, including all costs, expenses, and attorneys’

fees, arising out of any negligent, reckless, or intentional act, error or omission of

Contractor, its officers, agents, servants or employees in the performance of

Services under this Agreement, or accruing, resulting from, or related to the

subject matter of this Agreement including, without limitation, any and all claims,

demands, or causes of action of any nature whatsoever resulting from injuries or

damages sustained by any person or property.

8.2 Contractor further agrees, at all times hereafter, to indemnify, hold harmless and,

at the County Attorney’s option, defend or pay for an attorney selected by the

County Attorney to defend County, its officers, agents, servants and employees

from and against any claim, demand or cause of action of any kind or nature,

including all costs, expenses, and attorneys fees, arising out of any misconduct

of Contractor, its officers, agents, servants or employees during the performance

of Services under this Agreement not included in 8.1 above.

8.3 The above indemnifications shall survive the expiration or termination of this

Agreement.

8.4 To the extent considered necessary by Contract Administrator and County

Attorney, any sums due Contractor under this Agreement may be retained by

County until all of County's claims for indemnification pursuant to this Agreement

have been settled or otherwise resolved; and any amount withheld shall not be

subject to payment of interest by County.

Exhibit 3

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Unimark EC3000 Series Spezifikationen Seite 18