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HomeMy WebLinkAboutUNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCH - CONTRACT - AGREEMENT MISC - UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCH (2)AGREEMENT NO. 20160644 Amendment No. 1 This Amendment No. 1 effective as of the date of last signature ("Effective Date") is entered into by and between The City of Fort Collins, Colorado ("City") and the University Corporation for Atmospheric Research ("UCAR") and revises the Agreement as follows: Article IX – INDEMNIFICATION, Subparagraph 9.1 shall be replaced in its entirety as follows: Indemnification. To the extent permitted by law, the City shall defend, indemnify, and hold harmless UCAR, including any employees, trustees and officers thereof (“Indemnified Parties”), from and against any and all liabilities claims, lawsuits, losses, demands, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising directly or indirectly out of the business activities of the City and its design, manufacture, sale or use of any embodiment or manifestation of the work performed pursuant to this Agreement. UCAR agrees to notify the City in writing within thirty (30) days of any claim to which the City’s indemnification obligation applies and, at the City’s request, shall provide the City with reasonable assistance in the defense. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq. In WITNESS WHEREOF, the parties hereto have agreed to the terms and conditions recited in this Amendment as evidenced below by the signatures of each party’s duly authorized representative. THE CITY OF FORT COLLINS, COLORADO UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCH Authorized Signature Authorized Signature Printed Name Printed Name Title Title Date Date DocuSign Envelope ID: 74558759-3451-49DF-AEAE-F73CAE4E632C 8/19/2016 Amy Smith Director of Purchasing Manager, UCAR Contracts Gerry Paul 8/19/2016