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20. iNI)H.MNIFIC.A'IION AND WAIVER OF LIABILITY. The Contractor agrees, to
<br />the fullest extent permitted bylaw, to defend; indemnify and hol(I hannless the City, its agents,
<br />representatives, officers, directors, officials and employees from and against claims, darnatges,
<br />losses and expenses (including but not limited it) a(iorney's fees, arbitration costs, and costs of
<br />appellate proceedings) rchiting to, arising out of or resulting from the C:ontraclorls negligent
<br />nets, errors, mistakes or omissions relating to prgfcssional Services performed under this
<br />Agreement, The Conlractor'S duty to defend, hold ha miles 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, sicluicss; disease; dvalh; or
<br />injury to impatirnient, or destruction of tangible property including loss of use resulting
<br />therefrom, caused by any t}egligent acts, errors, mistal:us or omissions reltatcd to Services in the
<br />performance of this Agroement including any person for whose acts, errors, rniaakeh or
<br />tmiimions the C'.ontractor, ntaty be legally liable. The parties agree that TEN DOLLARS ($10.00)
<br />represents spec:iEic consideration to thK Contractor for the indemnificattirm Set forth in this
<br />Agreement.
<br />21, MISCELLAN>frC)>iJS.
<br />A. In the event any provision of this Agreement is found to be void and
<br />unenforceable by as eOLM ofe0111petent jurisdiction, the remaining provisions of this Agreement
<br />shall nevertheless be binding upon the parties with the same effect m though the void or
<br />unenforceable provisions had been sovorod and deleted,
<br />B. This Agreernent muy be executed in multiple Wenkall counterparts, tach of
<br />which shall be deemed an original for all purposes,
<br />C. No waiver ofatny provision o/'this Agreement shall he valid of cnforecable unless
<br />such waiver is in writing; and signed by the party granting sueh waiver.
<br />D. Fath individual executing this Agreement on behalf of a party hereto hereby
<br />represents and warrants that he or she is, on the (late he or she sign.; this; Agreerliont, duly
<br />nutborizod by all nrecssary and appropriate action to execute this Agreement on beltall'olf such
<br />party and does w with full legal Authority to bind their respective party to this ,Agreement.
<br />L•'. '['his Agrcoment contains the entire agreement of tite ptlrties. and may be
<br />amended, ,klaived, changed, modified, extended or rescinded only by in writing signed by the
<br />party against whom any suer arnendme•nt, waiver, change, atiodification, extension and/or
<br />rescission is sought.
<br />F. If there is a conflict or inconsistency between any terin, statement, requirement,
<br />or proviMon oaf any exhibit attached here-to, any doctiniont or events referred to herein, or any
<br />Jocumenl incorporated into this Agreernent, the tarn, statement, requirernwit, or provision
<br />comained in this Agreennent shall prevail and he given superior effcet and priority over any
<br />conflicting or inconairtent tenn, statement, requirement or provision eonvainod in any other
<br />document or attachment, including but neat limited to attachments "A" and "B"
<br />I(tr-6841 S1JIIHRIoR LANSCAYIMe & IA WN SERV ICE, INC:
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