Reso 2013-2163 - Laserfiche WebLink

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To the extent permitted by Section 768.28, Florida Statutes, the CITY covenants and agrees that it shall indemnify, hold harmless and defend MANAGEMENT, its agents, officers and employees from and against any and all claims, suits, action, damages or causes of action arising during the term of this Agreement and all renewals hereof for any personal injury, loss of life, or damage to property sustained in or about the AREA, by reason of or as a result of the negligence of the CITY's employees or its agents, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 12. COMPLIANCE WITH LAWS. MANAGEMENT agrees to comply with all local, state and federal ordinances and laws, statutes, rules, and regulations, provided the CITY will cooperate to the extent necessary to enable compliance by MANAGEMENT. 13. TERMINATION OF MANAGEMENT AGREEMENT (a) MANAGEMENT shall be in default hereunder and CITY shall thereafter have the right to terminate this Agreement if MANAGEMENT fails to perform or comply with any of the terms, covenants, agreements or conditions hereof and such failure shall continue for more than thirty (30) days after written notice thereof from CITY. MANAGEMENT shall not be considered in default if MANAGEMENT shall within such thirty (30) day period have commenced with due diligence and dispatch to cure such default and shall thereafter complete with dispatch and due diligence the curing of such default within said thirty (30) day period. (b) In addition to the events of default set forth in Section 14 (a) above, the following shall constitute events of default which will grant CITY the right to terminate for cause: (c) The occurrence of any act or omission on the part of MANAGEMENT that deprives it of the rights, powers, licenses, permits, and authorizations necessary for the lawful and proper conduct and operation of the services and activities authorized. (d) The filing by or against MANAGEMENT of any petitions in bankruptcy either voluntary or involuntary, or the making by which the actions shall automatically be a basis for termination and bar the passing of any benefits to creditors, assignees, or transferees of MANAGEMENT. (e) The abandonment or discontinuance by MANAGEMENT, without written consent of the CITY, of any or all of the operations and services permitted or required. (f) _ The cessation or deterioration of services for a period that in the reasonable opinion of the CITY, materially and adversely affects the operation of the public services to be performed by MANAGEMENT. (g) The exercise by the CITY or MANAGEMENT of remedies and rights provided herein shall in no way affect any other right or remedy available to CITY or MANAGEMENT. (h) CITY shall have the right to terminate this Agreement in whole or in part for convenience, by giving MANAGEMENT no less than thirty (30) days written notice (delivered by certified mail, 5