Reso 2020-3100 - Laserfiche WebLink

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Agreement. To the extent and within the limitations of section 768.28, Florida Statutes, as amended, the Municipality shall pay all claims and losses in connection therewith and, at the election of the County, shall investigate and defend, or pay for the defense of, all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Municipality expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Municipality shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. For purposes of this Agreement, Municipality agrees that it is not an agent of the County. Nothing herein shall be construed as consent by the County to be sued by third parties in any matter arising out of any contract. ARTICLE XVIII EVENTS OF DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the County to make further payment of Funds shall terminate and the County has the option to exercise any of its remedies as set forth in Article XIX: A. Any warranty or representation made by the Municipality in this Agreement is or becomes false or misleading in any respect. B. The Municipality fails or is unable or unwilling to perform and complete on time any of its obligations under this Agreement. ARTICLE XIX REMEDIES If an Event of Default occurs, then the County shall timely provide written notice of the Event of Default to the Municipality. If the Municipality fails to cure the Event of Default within seven (7) days after receipt of such notice from the County, the County may exercise any one or more of the following remedies, either concurrently or consecutively: A. Terminate this Agreement, provided that the Municipality is given at least seven (7) days prior written notice of the termination. B. Withhold or suspend payment of all or any part of a Request for Reimbursement. C. Require that the Municipality return to the County any Funds used for ineligible purposes. D. Exercise any other rights or remedies which may be available under law. No delay or omission to exercise any right, power, or remedy accruing to the County upon breach or violation by the Municipality under this Agreement, shall impair any such right, power or remedy of the County; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. Page 14 of 17