i. Contract approval - Laserfiche WebLink

(d) provide within seven business days of being activated a written report detailing the events and response, including without limitation the personnel deployed and the equipment and supplies used. Business days mean Monday through Friday excluding national holidays and any other days where the U.S. Postal Service is closed for business. 2,3 Emergency Response Support Subcontractors Network The Company shall use reasonable efforts to develop a network of subcontractors qualified and able to provide goods and services where needed for the purpose of assisting the Company and Fargo/Cass/West Fargo in responding to a Release. The network shall include, but not be limited to, heavy equipment contractors, suppliers of emergency response materials, pumping and transfer equipment and air, soils and water monitoring and spills containment equipment. In no event shall Fargo/Cass/West Fargo be liable to any subcontractor forming part ofthe network for the payment of invoices unless otherwise agreed between the parties and the subcontractor prior to the Company retaining such subcontractors. 2.4 Labor and Equipment The Company agrees to have available for use at all times and to provide when requested by Fargo/Cass/West Fargo all personnel, equipment and transportation necessary for the provision of the Services. Under no circumstances shall personnel engaged by the Company, its subcontractors or agents be deemed or considered to be servants of the City, whether borrowed, joint or sub servants, 2.5 Compliance with Laws The Company agrees to provide the Services in accordance with all Laws. The Company agrees that prior to providing any of the Services it shall have obtained all required licenses, approvals and permits, pay all fees and otherwise fulfill any other requirements of any Governmental Authority having jurisdiction over the site of a Release or the Services. If the Company commences providing any of the Services prior to satisfying the foregoing requirements, Fargo/Cass/West Fargo may terminate this Agreement without notice, and the Company shall, without limitation, be responsible for any fines, penalties, losses or liabilities suffered by Fargo/Cass/West Fargo resulting from the Company's failure to comply with such requirements. 2.6 Due Care The Company agrees it shall use all equipment at the site of a Release with due care and diligence and shall promptly reimburse Fargo/Cass/West Fargo in full for any damages willfully or negligently caused by company or the Company's employees, agents or subcontractors. 2.7 Public Safety The Company shall furnish and maintain, where necessary, any warning signs and take such other reasonable steps as are necessary to ensure public safety at any place where the Services are being provided, - 5 - C:\Documents and Settings\worden\Local Settings\Temporary Internet FiJes\OLK658\Emergency Response Services Agreement.doc