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The City of Olathe, Kansas shall not award contracts nor let bids to individuals or entities which attempt to do any of the following or include any of the following in the proposed contract:

(A) Any diminishment of the common law or statutory standard of care, limitation of liability, or other attempt to reduce responsibility for mistake, error, or negligence of any type on the part of the vendor, contractor or individual.

(B) Attempts to limit liability for breach of contract or negligent performance to the amount of the payment to the contractor by the City.

(C) Attempt to claim ownership of intellectual property created during the performance of the contract with the City.

(D) Arbitration agreements.

(E) Provision for damages for breach by owner contrary to common law or statute including, but not limited to, any attempt to provide for attorney fees as part of recoverable damages.

(F) Attempt to designate the laws of any other state besides the laws of the State of Kansas as the law under which the contract is construed, interpreted, and/or enforced, or designate any forum or venue for resolution of disputes other than the District Court of Johnson County, Kansas.

(G) Any other attempted reallocation of risk contrary to common law or statute.

(H) Any attempt to eliminate the City’s ability to collect consequential, exemplary or punitive damages, or any other measure of damages permitted by law, in an action against the vendor, contractor or individual for breach of contract. (Ord. 15-19 § 2, 2015.)