Internal Affairs Unit - Cleveland.com
Internal Affairs Unit - Cleveland.com
Internal Affairs Unit - Cleveland.com
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ARTICLE X. GOVERNING LAW AND DISPUTES<br />
This Agreement and the rights and obligations of the parties under it, shall be<br />
governed by, and construed according to the laws of the State of Ohio and theClty of<br />
<strong>Cleveland</strong>. The parties shall engage in good faith attempts to resolve any dispute<br />
before any claim or suit arising out of this Agreement may be filed in a court of<br />
<strong>com</strong>petent jurisdiction.<br />
ARTICLE XI. ENTIRE AGREEMENT<br />
This Agreement constitutes the entire agreement of the. parties and is intended<br />
as a <strong>com</strong>plete and exclUSive statement of the promises, representations, negotiations,<br />
discussions, and agreements that have been made in connection with the subject<br />
matter of this Agreement. No modifications or amendment to this Agreement shall be<br />
binding upon the parties unless the same is in writing and signed by both parties to the<br />
Agreement. No other agreement(s) shall be valid to bind City or its employees that<br />
use the cars rented from Contractor under this Agreement.<br />
In the event of any conflict between this Agreement and any Exhibit hereto, the<br />
terms of this Agreement shall govern.<br />
ARTICLE XII. RESPONSIBILITY FOR INJURIES OR DAMAGES<br />
Contractor assumes the risk and responsibility for injuries or damages caused<br />
by or based upon any injury or damages to persons or property arising out of an<br />
error, omission, or negligent act of Contractor. Further, Contractor waives all claims<br />
against City for any damage to or loss of Contractor's vehicles used by City under this<br />
Agreement. This Article shall survive the term of this Agreement.<br />
Except as qualified by the damage waiver included in the rates quoted in<br />
Contractor's Proposal and any other provision of the Proposal (Exhibit "A"), City<br />
assumes the risk and responsibility for injuries or damages to persons or property<br />
caused by City employees using vehicles rented by City under this Agreement<br />
whether the employee uses the vehicles on-duty or off-duty in an authorized or<br />
unauthorized way. This responsibmty extends only to Contractor; no third party<br />
beneficiary is intended or should be construed to exist under or in connection with<br />
this Agreement.<br />
38725-1 5
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