CC - Agendas - City Council - REGULAR - 5/13/2014

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lawsuits as a result of City's participation pursuant to this Agreement, whether said claims, liabilities, expenses or lawsuits arise by the acts or omissions of the undersigned or its agents. City further releases and discharges the VA Police, its departments and divisions, its agents and employees, and any and all claims which City has or may have against the VA Police, its agents or employees, arising out of or in any way connected with City's activities as set in the Agreement. WAIVER. No oral order, objection, claim, or notice by any party to the other shall affect or modify any of the terms or obligations contained in this Agreement, and none of the provisions of this Agreement shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing. No evidence of modification or waiver other than evidence of any such written notice, waiver, or modifications shall be introduced in any proceeding. WAIVER OF JURY TRIAL AND ATTORNEY'S FEES. The parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial before the Court. The parties hereto further expressly covenant and agree that in the event of litigation arising from this Agreement neither party shall be entitled to an award of attorney's fees, either pursuant to the Contract, pursuant to ARS Section 12-341.01 (A) and (B), or pursuant to any other state or federal state statute. RESULT OF NEGOTIATIONS. This Agreement is the result of negotiations by and between the parties. Although it has been drafted by the Department of Veterans Affairs and by the Prescott City Attorney, it is the result of negotiations between the parties. Therefore, any ambiguity in this agreement is not to be construed against either party. INSURANCE. A. VA Police shall carry sufficient insurance to cover the activities outlined in this Agreement, and shall hold the City harmless and indemnify the City from any and all liability which may result from the acts or omissions of VA Police's employees or agents. B. The City shall carry sufficient insurance to cover the activities outlined in this Agreement, and shall hold VA Police harmless and indemnify VA Police from any and all liability which may result from the acts or omissions of the City's employees or agents. DESIGNATED LIASON. Both parties hereto agree that they will designate at all times at least one staff member to be liaison of that agency in carrying out the provisions of this agreement, for purposes of notice, scheduling, etc. Initially, the designated staff persons are: