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8.F.a I <br /> and volunteers as an Additional Insured per ISO form CG2010 11/85 or CG2026 or equivalent, and to not permit <br /> reduction or cancellation by the Insurer without forty-five (45) days prior written notice to the City. The <br /> Contractor's insurance shall be primary as respects the City, and any other insurance maintained by the city shall <br /> be excess and non-contributing with the Contractor's insurance. <br /> ARTICLE XIV- INDEMNIFICATION <br /> The Contractor hereby agrees to indemnify and hold harmless the City, its departments and divisions, its <br /> employees and agents, from any and all claims, liabilities, expenses or lawsuits as a result of the Contractor's <br /> participation pursuant to this Agreement,whether said claims, liabilities, expenses or lawsuits arise by the acts or <br /> omissions of the undersigned or his/her agents. The Contractor further releases and discharges the City, its ;, <br /> departments and divisions, its agents and employees, and any and all persons legally responsible for the acts or <br /> omissions of the City, from any and all claims which the Contractor has or may have against the City, its agents <br /> or employees, arising out of or in any way connected with the Contractor's activities as set forth below,other than <br /> those acts which occur due to the negligence of the City, its employees or agents <br /> ARTICLE XV-MISCELLANEOUS co <br /> (A) The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, <br /> each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to <br /> submit to a trial before the Court. O <br /> t <br /> (B) The parties hereto expressly covenant and agree that in the event of litigation arising from this Agreement, <br /> neither party shall be entitled to an award of attorney's fees, either pursuant to the Contract, pursuant to ARS <br /> Section 12-341.01(A)and (B), or pursuant to any other state or federal statute. <br /> ARTICLE XVI -AMBIGUITY <br /> This Contract is the result of negotiations by and between the parties. Although it has been drafted by the <br /> Prescott City Attorney, it is the result of the negotiations between the parties. Therefore, any ambiguity in this ,. <br /> Contract is not to be construed against either party. <br /> sa <br /> DATED THIS 3 ! b1_ DAY OF Oc i e( 2017. <br /> t <br /> a-. <br /> O <br /> VENDOR ? CITY OF PRESCOTT m <br /> By: <br /> HARRY B. OBERG, Mayor a)so Kow/anetz <br /> Tdle: )1istrict Re,t resentative ° <br /> d <br /> E <br /> t <br /> ATTEST: APPROVED AS TO FORM: <br /> MAUREEN SCOTT, City Clerk JON M PALADIN',City Attorney <br /> Page 14 of 20 <br /> I Packet Pg. 115 I <br />