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SECTION 4. MUTUAL INDEMNIFICATION. <br /> <br />4.1 <br /> <br />The Parties agree to hold harmless, indemnify, and defend each other <br />from any and all claims, suits, including third party suits, demands, <br />expenses, or damages arising from or alleged to arise from their <br />respective performance under the terms of this Agreement, except for <br />those claims or damages finally determined to have arisen solely from the <br />negligent acts, negligent errors or omissions of a respective Party. <br /> <br />SECTION 5. LIQUIDATED DAMAGES <br /> <br />5.1 <br /> <br />The Parties agree that due to the difficulty in determining damages in this <br />matter and the importance to the City that full performance of this <br />Agreement take place on or before October 2, 2000, that liquidated <br />damages shall be set at $750 per day. <br /> <br />5.2 <br /> <br />In the event that Shamrock fails to fully perform its duties under this <br />Agreement on or before October 2, 2000, the City shall retain, in the form <br />of liquidated damages $750 per day for each day that the failure to fully <br />perform continues. <br /> <br />IN WITNESS WHEREOF, the Parties have hereunto set their hands this <br /> day of September, 2000. <br /> <br />CITY OF LAKEWOOD, OhIO <br /> <br />THE SHAMROCK COMPANIES, INc. <br /> <br />Mary Hagan <br />Clerk of Council <br /> <br />]ames McMahon, CFO <br /> <br />The legal form and correctness of the within document is hereby approved. <br /> <br />Kevin M. Spellacy <br />Director of Law, City of Lakewood <br /> <br /> <br />