Resolution 2009-22 - Laserfiche WebLink

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Should the City of Louisville's contractor decide to not be responsible for protecting Level 3 Facilities in place west of tracks, Level 3 will include this amount from Level 3 contractor to the total listed above. The check should be made out to Level 3 Communications, LLC and sent to the undersigned at the address listed below. Upon completion of the Work, Level 3 shall provide a detail of actual cost and expense of perfOlming the Work, with supporting documentation. (4) In the event that circumstances arise that cause the cost and expense of perfonning the Work to exceed the estimate, Level 3 will make an adjustment to the estimate. Requestor will pay such additional amounts within thirty (30) days of written notice and supporting documentation from Level 3. A failure to pay such amount shall cause same to bear interest from the due date until payment is received at a rate of one and one half percent (11/2%) per month (or part thereof). (5) To the extent permitted by law, Requestor will indemnify, defend and hold Level 3, its affiliates, employees, invitees, contractors, subcontractors, agents, representatives and servants (collectively "Indemnified Parties") harmless from and against any loss, cost, damage and expense of whatever kind, including, but not limited to, the cost of obtaining any authorizations required by ROW Provider or any other entity, arising directly or indirectly (collectively "Claims") arising from Requestor's failure to perform under this letter agreement or arising from any negligent action or inaction of the Requestor's affiliates, employees, invitces, contractors, subcontractors, agents, representatives and servants in connection with this letter agreement. Such Claims shall include attorneys' fees and court costs. The provisions of this paragraph (5) shall survive the perfonnance of the Work. This indemnification shall not apply to Claims to the extent arising from the negligent act or omission of Indemnified Parties. Nothing contained herein shall be construed as a waiver, in whole or in part, of the protection afforded Requestor under the Colorado Governmental Immunity Act as the same may be amended from time to time. (6) Each party shall obtain and maintain during the course of Work, the following insurance: (a) Commercial General Liability (for bodily injury) with combined single limit of not less than $5,000,000.00 each occurrence or its equivalent; (b) Worker's Compensation in amounts required by applicable law and Employer's Liability with a limit of at least $1,000,000.00 each accident; and (c) Automobile Liability including coverage for owned/leased, non-owned or hired automobiles with combined single limit of not less than $1,000,000.00 each accident. (7) The execution of this letter agreement by the parties' representatives and their performance hereunder (a) has been duly authorized by requisite action, (b) will not require any additional approval on the part of the parties, and (c) will not violate any provision of law, any regulation or any contract or other obligation. (8) This letter agreement constitutes the complete legal, valid, and binding obligation of the parties hereto and is enforceable against the parties in accordance with the terms hereof. Except to the extent herein provided, no amendment, supplement, modification, or termination of this letter agreement shall be enforceable unless executed in writing by both parties. - 2 -