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HomeMy WebLinkAbout24-0313 NOCS - Sean JasterSERVICE A GREEMENT . THIS SERVICE .AGREIaI I�iT ("Agreement's} is hereby ;made and entered into this I3. day of lvtar - 204, by and between the City of 0 11HAois, ari 111mais homo rule municipa corpCrration (hereinafter "City") and Sean TasterWr "Provit or"), j�Aw This agreerment is subject to and governed by the laws; of the State of Illinois. Venue for -t resolution of any disputes or the enforcement of any rights arising. out of or - in connection Frith this agreement shall be the Circuit Court. of Kane County, Illinois. Provider hereby irrevocably consents to tiie jurisdiction of the.Circuit Court Of Kane -County, Illinois for the enf�rceme t of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or,the subject matter hereof, and PROVIDER awes that service by first class US. trail to 1500 Oakwood Avenue, Hanover Park It 60133 shall constitute effective service. Both parties hereto waive any rights to a jury. 3, N11 Mg FiCATIQISThere shall be no modification of this Agreement, except in writing and executed by both parties hereto with the; same formalities as the original agreeritent.. 4. 4,,$, This Agreement embodies the whole agreement of the parties, There are no promises, tears, conditions or obligations other than those contained herein, and this agreement electronic means shall be treated In all .n manner and respects as an: original d©cUment The signature of aziy party vzi a copy of this Agreement transmitted by fax machines or o-mail, or other elecixone means shall be considered for these purposes as an original signature and shall have the same legal. effect as an 0rigmal'Signature. Any $uch. faxed, e-inailed or other electronically transmitted copy of this Agreement shall be, considered to have the same binding legal effect -as an:original document. At the request of either party any electronically transmitted correct copy of this Agreement smell be re -executed by the parties in an original form. Igo patty to this Agreement shall raise the' use of fax machine or a - mail as a defense to this Agreement and shall forever waive such defense; 9. i.iIVIM110N ODE DAN(A ,F.fi. In no event shall City'be liable fot any monetary damages m excess of the Cost of erviaes contemplated by this Agreement: Tn ho event shall City be liable for any consequential, special or punitive damages; ;or any`damages resulting from loss .of profit; lli: i1�+1D ' SCAT (?N. To the fullest extent permitted by lava, PROVIDER agrees to and shall inde='fy, defend grid held harmless 'the City, its offieerss employees, boards and. commssioris from and against anyand all claims, suits, judgments, costs, attomey's fees, damages or any and all other relief or liability arising out of or resulting from :or through or alleged to arse .out of any acts or negligent acts oroinissions ofPR0 DER..or PROVIDI Ws officers, employees, agents or subcontractors ti the performance of this Agreement, including:but not limited to,au services or work performed hereunder. In the event of any action against the City, its officers, employees agents, boards or commiss ons covered by the foregoing duty to indemnify, defend and hold han iless, such action shall be defended by legal counsel of the City's choosing. 17 PROVIDER will providle, pay for and maintain an offect, during the term . of this Agreement, comprehensive automobile liability insurance covering all Ovvned, nazi -Owned. and hired motor vehicles used in connection with the Services with limits of not less than $504,000 per occurrence for damages to persons or property. PROVIDER. -will also provide, pay for and maintain in effect, during the term of this Agreement; worker's compensation insurance in amounts required under the laws of the State of Mimi& At the :mquest.ofthe City, PROVIDER will provide to the City certificates of insurance regarding the insurance required m this paragraph. I2. jLLEMI !lALM Notwithstanding any outer provision hereof; the City may terminate Ns Agreement upon providing written notice to PROVIDER thltty (30) days before the Performance; hate: 1 R Q1JMC R ',UUM ILM ARF �1 S. This Agreement shall not be construed. so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 14: YAI ' ` Neither party Hereto shall be xespo7nsible for any consequential, indirect, punitive or, incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to d ins Agreement' shall not constitute, and shall not be construed as, a waiver of any such rights. 4 OF ATnI�IS. PR(Ti]ER shad not be entitled to and hereby ,valves; any and all rights that it might have to file :suit or bring any cattle of action or claim for damages against the City of Elgin and/or its affiliates, officers, :employees, agents, attorneys, boards and Wminiss ons of any Mature Whatsoever and io whatsoever forum after two (2) years from the date of this Agreement. AGHRrEMENIS, 'ems Agreementis the only agreement between the par ie8 hereto regardii g the subject matter hereof There are no other agreements, either oral, written or implied; between the parties hereto regarding the subject matter`herreot This Agreement may only be altered or modified by written instrMent signed by bath parties; 17 "" I, UT�':T� ,� �FN F., TiMe is o the essence ofthis-Agtome tt, The person sigh rtg this Agree><nent certifies that sll'ie has, been outhorimd by I' O VIDER to commit the PRo VIDER contractually and: has been authorized; to execute this Agreement tin its behalf. IN WITNESS: - gMREOF, the parties have hereto set their han4s the day and year 'first above written. Sean Saster Title 5 CITY UP GIN ar Richd G. Kozal City _ _ s y Manager eg .,Attest:. City Clerk