Reso 2013-2131 - Laserfiche WebLink

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representatives of THE TOWN, THE TOWN shall indemnify THE CITY and pay THE CITY all sums which may be incurred to repair, reconstruct, and/or replace the damaged equipment or property, subject to the limitations set forth in Section 768.28 of the Florida Statutes. 6. It is understood and agreed that this Agreement does not constitute a bailment. THE TOWN retains and has custody and access to their laptop computers but agrees to relinquish all administrative rights to said computers solely to THE CITY. THE CITY shall maintain all communication links, maintenance and administrative control of all computers connected directly or indirectly to THE CITY. 7. No modifications to this Agreement shall be enforceable unless in writing and signed by an authorized agent of both THE CITY and THE TOWN. 8. THE CITY building at 18070 Collins Avenue, Sunny Isles Beach, Florida, is generally regarded as a reasonably safe location for this laptop communications equipment to be worked on or otherwise maintained. Undertaking to move or evacuate laptop computer communications equipment shall not be deemed an assumption of responsibility for the safety, security and care of any communications equipment by THE CITY, nor shall THE CITY be deemed a bailer of the laptop computer communications equipment. In consideration thereof, THE TOWN agrees to the following terms and conditions: A. To pay THE CITY upon demand all costs incurred by THE CITY in repairing, replacing, and/or reconstructing THE CITY'S facilities damaged in any matter as a result of the continued presence of said TOWN laptop computer communications equipment during an emergency; and B. To indemnify and hold harmless THE CITY, its partners, employees and agents, from any and every loss, claim, liability and suit of any kind, including without limitation costs of suit and reasonable attorney's fees, arising out of any and all damage done to property of others as a result of the continued presence of said communications equipment during an emergency. 9. THE TOWN shall pay all costs, including reasonable attorney's fees incurred by THE CITY, in judicial and non-judicial proceeding and appeals therefrom to enforce any and all provisions of this Agreement and effect collections of any sums due THE CITY. In the event THE CITY sues or is sued in tort of contract, or otherwise, in any action arising out of or in relation to this Agreement and THE CITY is the prevailing party by means of judgment, dismissal, or otherwise, whether or not such action presented a justifiable issue of law or fact, or whether or not THE CITY was a plaintiff or defendant in said action, THE CITY shall recover its costs and expenses directly incurred because of any said action, including its reasonable attorney's fees, whether taxable or not, from the losing party. 10. In the event any portion of this Agreement shall be deemed to be in violation of any law of the United States or any law of the State of Florida, said portion and said portion only, shall be deemed null and void. This Agreement shall be interpreted in accordance with the laws of the United States and the State of Florida.