6270 - Laserfiche WebLink

Home Browse Search

14. Audit. The City shall have the right to audit and to recompute any amounts determined to be payable under this Agreement. The City's audit expenses shall be paid by Level 3 if the compensation paid during the audit period was less than 98% of the amount owed according to the audit. 15. Indemnification. To the fullest extent permitted by law, Level 3 shall indemnify and hold harmless the City and its elected and appointed officials, its boards, commissions, employees, agents, legal counsel, and contractors from any and all injury, claim, demand, judgment, liability or damage arising out of or resulting from the Construction, Maintenance, or Removal of the Facilities by Level 3 or its officers, boards, commissions, employees, agents, legal counsel or contractors, regardless of whether the act or omission complained of is authorized, allowed or prohibited under this Agreement. The indemnification hereunder includes but is not limited to the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceeding prior to Level 3 assuming the defense. Any party seeking indemnification hereunder CIndemnitee") shall promptly notify Level 3 of the nature and amount of such claim and the method and means proposed by the Indemnitee for defending and satisfying such claim. The Indemnitee shall consult with Level 3 respecting the defense and satisfaction of such claim, including the selection of and directions to legal counsel, and the Indemnitee shall not pay or settle any such claim without the prior written consent of the Indemnitor, which consent shall not be unreasonably withheld. 16. Insurance. Level 3 and any contractor hired by Level 3 to install, maintain, improve, restore or remove the Facilities within the City right-of-',vay shall not commence ~vork until they have obtained the insurance required within this section and provided proof thereof to the City. All insurance coverages shall be with insurance carriers acceptable by the City, ~vhich acceptance shall not be unreasonably withheld. If any insurance is written with a deductible or self-insured retention, Level 3 and its contractor shall be solely responsible for said deductible or self-insured retention. The purchase of insurance and the furnishing of a certificate of insurance shall not be a satisfaction of Level 3's indemnification of the City. Level 3 is responsible to meet all OSHA requirements for on-the-job safety. Level 3 and any of its contractors hired by Level 3 shall procure and maintain during the life of this Agreement the following coverages: (a) Workers' Compensation Insurance in accordance ~vith all applicable statutes of the State of Missouri. Coverage shall include Employers Liability Coverage. -8-