2014-06-25 CC Packet - Laserfiche WebLink

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and other professional fees), judgments, and costs paid or incurred by ACFPC, which arise out of its performance or failure to perform its duties under this Agreement, shall be included in the annual operating budget for the next calendar year, to the extent not covered by insurance proceeds or a self- insurance risk pool dedicated to the Facility. Amounts included in the annual operating budget under this section shall be pro-rated so that the total costs passed through to the member cities and township do not exceed 10%of the annual operating budget. 8.3 Insurance. The ACFPC shall purchase and maintain such insurance as will protect ACFPC and other member Governmental Units against risk of loss or damage to the ACFPC, and to any ACFPC property, personal or real, and any improvements located thereon and against claims which may arise from the construction, operation, use or maintenance of the ACFPC property and any other activities contemplated by this Agreement. The cost of any such insurance shall be included in the annual operating budget established pursuant to Attachment A hereto. ARTICLE IX ACFPC Property See Attachment B. The list of equipment as set forth in Attachment B is currently owned by the ACFPC. Any equipment contributed by a Member after the Effective Date shall be set forth in a separate writing and shall be attached hereto as Attachment C. Upon withdrawal pursuant to 7.1, or termination pursuant to 7.3,of any Member, the equipment listed on Attachment C which was contributed by that withdrawing or terminated Member, shall be returned to that withdrawing or terminated Member. Upon the termination of the Agreement pursuant to Section 7.2, the personal property contributed to the ACFPC by the remaining Members shall be disposed of by public auction and the net proceeds therefrom shall be distributed according to the fee formula described in Attachment A. ARTICLE X General Provisions 10.1 Entire Agreement,Amendment. This Agreement contains the entire agreement of the Members and shall supersede all oral and written agreements and negotiations by the Government Units relating to the subject matter of this Agreement. This Agreement may be amended only by written agreement of all Government Units. 10.2 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule 6 17