Resolution 2024-31 - Laserfiche WebLink

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equitable remedy to which the City may be entitled for a breach of this Agreement, if the City terminates this Agreement, in whole or in part due to Contractor's breach of any provision of this Agreement, Contractor shall be liable for actual and consequential damages to the City. 11. INSURANCE. Contractor is solely responsible for providing any insurance including liability, casualty, and workers' compensation for Contractor's use. Contractor is hosted by the City of Boulder which is a self -insured governmental entity. Contractor is solely responsible for having sufficient insurance and funds to meet its responsibilities and liabilities under this Agreement. Nothing contained in these insurance requirements is to be construed as limiting the extent of Contractor's responsibility for payment of damages resulting from Contractor's operation under this Agreement. 12. LIABILITY. Contractor agrees to be responsible for its own actions and omissions, and those of its officers, agents and employees in the performance or failure to perform work under this Agreement. By agreeing to this provision, the Parties do not waive or intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. 13. GOVERNING LAW AND VENUE. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado and any action arising out of this Agreement shall be brought in the 20th Judicial District, Boulder County District Court. 14. COMPLIANCE WITH ORDINANCES AND REGULATIONS. Contractor shall perform all obligations under this Agreement in strict compliance with all federal, state, and City laws, rules, statutes, charter provisions, ordinances, and regulations applicable to the performance of Contractor's services under this Agreement, and specifically, shall not discriminate against any person on the basis of age, ancestry, color, creed, sex, race, religion, national origin, disability, sexual orientation, gender status, or as otherwise prohibited by law. 15. TERMINATION. This Agreement may be terminated at the sole discretion of the City for any violation by Contractor of any of the terms and conditions of this Agreement, including the reduction or discontinuance of the services listed in Exhibit A of this Agreement. 16. PROVISIONS CONSTRUED AS TO FAIR MEANING. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 17. HEADINGS FOR CONVENIENCE. All headings, captions and titles are for convenience and reference only, and of no meaning in the interpretation or effect of this Agreement. 18. FINANCIAL OBLIGATIONS OF CITY. All financial obligations of the City under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Agreement shall be deemed a pledge of the 3 2025 SBDC Economic Development Contract