Last Updated:
December 8, 2019
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Matt Dolf
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General G. Liability
- Indemnity of the City. The Co-op will indemnify and save harmless the City and City Personnel, from all claims and costs incurred by the City or City Personnel to the extent the same arise from a breach of this Agreement by, or the negligence of, the Co-op or Co-op Personnel or other persons for whom at law the Co-op is responsible, as applicable.
- Indemnity of the Co-op. The City will indemnify and save harmless the Co-op and Co-op Personnel, from all claims and costs incurred by the Co-op or Co-op Personnel to the extent the same arise from a breach of this Agreement by, or the negligence of, the City or City Personnel or other persons for whom at law the City is responsible, as applicable.
- Survival. The indemnities set out in Schedule A, Clause G. 1 and G.2 survive termination of this Agreement.
- Assignment and Subcontracting.
- The Co-op will not assign, either directly or indirectly, this Agreement or any right or obligation of the Co-op, respectively, under this Agreement, without the prior written consent of the City;
- no subcontract entered into by the Co-op will relieve the Co-op of any of its obligations under this Agreement or impose upon the City any obligation or liability arising from any such subcontract. The Co-op must ensure that any subcontractor fully complies with this Agreement in performing the subcontracted services; and
- this Agreement will be binding upon the City and its assigns and the Co-op and CHF BC and their respective successors, and permitted assigns.
- The City will provide 90 days notice of intent to assign or subcontract its responsibilities under this Agreement; provided, however, that the City will not assign its responsibilities under the Guarantee or in respect of the operating reserves comprised of the First Year Contingency Fund and the Five Year Contingency Fund without the prior written consent of the mortgagee under the Leasehold Mortgage.
- CHF BC will provide 90 days notice of intent to assign or subcontract its responsibilities under this Agreement.
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