Resolution 2024-06 - Laserfiche WebLink

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Termination pursuant to this subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 14.0 USE OF CITY -OWNED EQUIPMENT; WAIVER & RELEASE 14.1 In consideration for receiving permission to use and operate City -owned tools and equipment, Contractor hereby releases, waives, discharges, and covenants not to sue the City of Louisville, its offers, employees, or issues (hereinafter referred to as "Releasees") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Contractor, any subcontractor of the Contractor, or any office, employee, or agent of the Contractor or any subcontractor, to by any other person for whom Contractor is responsible or any of the property belonging to any of the foregoing person or entities, whether caused by the act, omission or negligence of the Releasees, or otherwise, that may result from Contractor's use of the City -owned tools or equipment or the use of the City -owned tools or equipment or the use of the City -owned equipment by any person acting under Contractor's control. 14.2 Contractor represents that Contractor is fully aware of the risks involved and hazards connected with using the City -owned tools and equipment. Having been fully advised of such risks and hazards, Contractor voluntarily assumes full responsibility for any risks of loss, tool or equipment damage, or personal injury, including death, that may be sustained by Contractor or by any person acting under Contractor's control, or any loss or damage to the City -owned tools or equipment, as a result of the use of the City -owned equipment by Contractor or by any person acting under Contractor's control. The City does not assume any responsibility, and expressly disclaims any responsibility, for Contractor or any person acting under Contractor's control with financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of any bodily injury, personal injury, illness or death. 14.3 Contractor understands that the City does not maintain any insurance policy covering any circumstance arising from Contractor's use of City -owned tools and equipment. Contractor represents that its representatives have reviewed Contractor's insurance for proper coverage. 14.4 In signing this Agreement, the person signing below on behalf of Contractor acknowledge and represent that they have read this Section 14.0; understand it and sign the Agreement voluntarily as their own free act and deed; for full, adequate and complete consideration fully intending to be bound by same. 15.0 INSPECTION AND AUDIT The City and its duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor that are related to this 7