Laserfiche WebLink
<br />Maintenance Contract 2009 <br />Valley Creek Management, LLC <br />Page 3 of4 <br /> <br />INSURANCE <br />Valley Creek Management, LLC represents that it maintains and shal1 continue to <br />maintain insurance covering its liability under this contract for loss or (hlmage to persons <br />or property from any acts or omission and arising directly from the provision of service <br />hereunder, subject to the limitations of this contract Valley Creek Management, LLC <br />certifies that it has Worker's Compensation insurance. <br /> <br />INDEMNITY <br />The Client shal1 indemnifY and hold harmless Valley Creek Management, LLC and any <br />of its directors, officers, shareholders, employees, and agents from and against any action <br />or threatening action, suit or proceedings arising out of, or as a result of, the indemnifying <br />part's performance under this contract and against any and all claims, expenses. losses or <br />damages (including reasonable attorney's fees) arising out of the client's willful <br />negligence or willful acts of omission. <br /> <br />LEGAL EXPENSES <br />In the event Valley Creek Management, LLC commences a lawsuit for the recovery of <br />payments due pursuant to the contract or any other amount due under the provisions of <br />this contract, due to liability, loss, cl..mllge, cost, or expense (including reasonable <br />attorney's fees) by reason of any act or omission of Client or because of default of the <br />client's performance of any other term or provision of this contract, the Client shal1 pay <br />Valley Creek Management, LLC reasonable attorney's fees and costs and disbursements <br />associated there with. <br /> <br />ADDmONAL NOTES <br />. This contract supersedes any and all other agreements, either oral or in writing <br />between the parties with respect to the matter stated herein and this contract <br />contains all of the agreements between the parties with respect thereto. This <br />contract may be amended or modified only in writing and shall be effective only <br />after signed by both parties. <br />· The failure of either party to this contract to insist upon the performance of any of <br />the terms and conditions of this contract, or the waiver of any breach of any of the <br />terms and conditions of this contract, shall not be construed as thereafter waiving <br />any such terms and conditions, but these shall continue and remain in full force <br />and effect as if not such forbearance or waiver had occurred. <br />. If any provision of this contract is held to be invalid or unenforceable for any <br />reason whatsoever, the rem..;ning provisions shal1 remain valid and unimpaired <br />and shall continue to work in full force and effect. <br />· All work orders and communications must come from the client contact person <br />listed on this contract for the above listed site. Other persons, other than the client <br />contact person handling any portion of said contract must be authorized in writing <br />by the client contact person to Valley Creek Management, LLC <br />