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10.08 Consider Proposal for OPEB Actuarial
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01-02-2018 City Council Meeting
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10.08 Consider Proposal for OPEB Actuarial
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reasonably cooperate with the Consultant (at Consultant's expense) to facilitate <br /> the defense of any such claim. <br /> 7. Limitation. In no event shall company or consultant be liable, one to the other, <br /> for indirect, special, incidental, or consequential damages arising out of or in <br /> connection with the furnishing, pertormance or use of any products or services <br /> provided pursuant to this agreement. <br /> 8. Limited Warranties. Consultant warrants and represents that it has full authority <br /> to enter into this Agreement and to consummate the transactions contemplated <br /> hereby and that this Agreement is not in conflict with any other agreeme'nt to <br /> which Consultant is a party or by which it may be bound. <br /> Consultant warrants and represents that Consultant has the proper skill, training <br /> and background so as to be able to perForm in a competent and professional <br /> manner and that all work will be pertormed in accordance with professional <br /> standards in the industry and/or field. <br /> 9. Headinqs. Section headings used in this Agreement are for convenience only, <br /> have no legal significance, and in no way change the construction or meaning of <br /> the terms hereof. <br /> 10. Insurance. Upon request by Company, Consultant shall provide to Company, <br /> copies of certificates of insurance evidencing the workers compensation, general <br /> liability and automobile insurance coverage that Consultant has in effect and <br /> Consultant shall maintain such insurance in effect through the duration of the <br /> Agreement. <br /> 11. Amendment and Waiver. No provision of this Agreement may be modified, <br /> waived, terminated or amended except by a written instrument executed by the <br /> parties. No waiver of a material breach of any provision of this Agreement shall <br /> constitute a waiver of any subsequent breach of the same or other provisions <br /> hereof. <br /> 12. Relationship. The Consultant shall be and act as an independent contractor <br /> hereunder, and neither Consultant nor any employee, agent, associate, <br /> representative or subcontractor shall be deemed to be employees of the <br /> Company for any purpose whatsoever. <br /> 13. Force Majeure. Neither party will be liable for any failure or delay in perFormance <br /> due to any cause beyond its reasonable control, including, but not limited to acts <br /> of nature, strikes, fire, flood, explosion, riots, or wars, provided that personnel <br /> changes, including unanticipated employee departures, shall not be considered <br /> to be an event or condition of force majeure. <br /> 3 <br />
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