Resolution 2017-03 - Laserfiche WebLink

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parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be considered to be an incidental beneficiary only. 15. ASSIGNMENT: This Agreement may not be assigned by the Property Owner without the prior written consent of the City, which consent may be given or withheld at the City's sole discretion. 16. INDEMNIFICATION: The Property Owner shall be liable and responsible for any and all damages to persons or property caused by or arising out of the actions, obligations, or omissions of the Property Owner, its officers, employees, contractors, agents, representatives or other persons acting under the Property Owner's direction or control in performing or failing to perform any obligation of Property Owner under this Agreement or in any matter related to completion of the Work. To the fullest extent allowed by law, the Property Owner will indemnify and hold harmless the City, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, liens, claims on funds, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys' fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of the Property Owner, its officers, employees, contractors, agents or representatives, or other persons acting under the Contractor's direction or control in any manner related to this Agreement or completion of the Work. 17. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES: Property Owner acknowledges and agrees that all payment obligations under this Agreement are current expenditures of the City, payable in the fiscal year for which funds are appropriated for the payment thereof. The City's obligations under this Agreement shall be from year to year only and shall not constitute a multiple -fiscal year direct or indirect debt or other financial obligation of Town within the meaning of Article X, Section 20 of the Colorado Constitution. 18. LEGAL CHALLENGE; ESCROW: The City shall have no obligation to make any grant payment hereunder during the pendency of any legal challenge to this Agreement. Any funds appropriated for payment under this Agreement shall be escrowed in a separate City account in the event there is a legal challenge to this Agreement. 19. TERMINATION: This Agreement shall terminate and become void and of no force or effect upon the City if Property Owner has not completed the Work in compliance herewith by December 31, 2017. IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed this 31 s1 day of January, 2017. PROPERTY OWNER: 4