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EMU
<br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
<br /> (305) 947-0606 phone(305)949-3113 Fax
<br /> Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
<br /> representatives, officers, directors, officials and employees shall arise in connection with any
<br /> claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br /> injury to impairment,or destruction of tangible property including loss of use resulting therefrom,
<br /> caused by any negligent acts, errors,mistakes or omissions related to professional services in the
<br /> performance of this Agreement including any person for whose acts,errors,mistakes or omissions
<br /> the Consultant may be legally liable. The parties agree that One Hundred Dollars (5100.00)
<br /> represents specific consideration to the Consultant for the indemnification set forth in this
<br /> Agreement.
<br /> 18, MISCELLANEOUS,
<br /> A. In the event any provision of this Agreement is found to be void and unenforceable
<br /> by a court of competent jurisdiction, the remaining provisions of this Agreement shall
<br /> nevertheless be binding upon the parties with the same effect as though the void or unenforceable
<br /> provisions had been severed and deleted.
<br /> B. This Agreement may be executed in multiple identical counterparts,each of which
<br /> shall be deemed an original for all purposes.
<br /> C. No waiver of any provision of this Agreement shall be valid or enforceable unless
<br /> such waiver is in writing and signed by the party granting such waiver.
<br /> D. Each individual executing this Agreement on behalf of a party hereto hereby
<br /> represents and warrants that he or she is, on the date he or she signs this Agreement, duly
<br /> authorized by all necessary and appropriate action to execute this Agreement on behalf of such
<br /> party and does so with full legal authority to bind their respective party to this Agreement..
<br /> E. This Agreement contains the entire agreement of the parties,and may be amended,
<br /> waived, changed,modified, extended or rescinded only by in writing signed by the party against
<br /> whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
<br /> F. Contractor shall comply with all laws,regulations and ordinances of any federal,
<br /> state, or local governmental authority having jurisdiction with respect to this Agreement
<br /> ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses,
<br /> approvals and consents necessary for the lawful conduct of the activities contemplated under this
<br /> Agreement.
<br /> G. If there is a conflict or inconsistency between any term,statement,requirement,or
<br /> provision of any exhibit attached hereto, any document or events referred to herein, or any
<br /> document incorporated into this Agreement, the term, statement, requirement, or provision
<br /> contained in this Agreement shall prevail and be given superior effect and priority over any
<br /> conflicting or inconsistent term, statement, requirement or provision contained in any other
<br /> document or attachment, including but not limited to Attachments"A"and"B".
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<br /> Craven,Thompson&Associates,Inc.
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