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• <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (303) 947-0606 phone(305) 949-3113 Fax <br /> appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, <br /> errors, mistakes or omissions relating to professional Services performed under this Agreement. <br /> The Contractor's duty to defend, hold harmless and indemnify the City,its agents, representatives, <br /> officers, directors, officials and employees shall arise in connection with any claim: damage, loss <br /> or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, <br /> or destruction of tangible property including loss of use resulting therefrom, caused by any <br /> negligent acts, errors, mistakes or omissions related to Services in the performance of this <br /> Agreement including any person for whose acts,errors,mistakes or omissions the Contractor may <br /> be legally liable. The parties agree that TEN DOLLARS ($10.00)represents specific consideration <br /> to the Contractor for the indemnification set forth in this Agreement. <br /> 18. MISCELLANEOUS. <br /> A. In the event any provision of this Agreement is found to he void and/or <br /> unenforceable by a court of competent jurisdiction; the remaining provisions of this Agreement <br /> shall nevertheless he binding upon the parties with the same effect as though the void or <br /> unenforceable 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. The terms and conditions in this Agreement supersede any inconsistent or <br /> conflicting provisions that arc contained in any other document or attachment, including hut not <br /> limited to Attachments"A" and "B"attached hereto and incorporated herein by reference, or any <br /> other document or attachment not specifically attached hereto or otherwise referenced in this <br /> Agreement. <br /> F.. <br /> 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 waived, changed, modified, extended or rescinded only by in writing signed by the party against 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 /> [remainder of page intentionally left blank] <br />• <br /> • <br /> • <br /> 05760.1617-053 -Till?c u.HIRAT(ON SOURCE. FNC, <br /> 9 <br />