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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA <br />The City of Pompano Beach reserves the <br />Proposer's staff assigned to this project <br />required. <br />N. Contract Terms <br />Exhibit A - RFP E-03-22 <br />right to approve or reject, for any reasons, <br />at any time. Background checks may be <br />The contract resulting from this RFP shall include, but not be limited to the following <br />terms: <br />The contract shall include as a minimum, the entirety of this RFP document, together <br />with the successful Proposer's proposal. Contract shall be prepared by the City of <br />Pompano Beach City Attorney. <br />If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit <br />arising out of any act, action, negligent acts or negligent omissions, or willful misconduct <br />of the contractor, its employees, agents or servants during the performance of the <br />contract, whether directly or indirectly, contractor agrees to reimburse the City of <br />Pompano Beach for all expenses, attorney's fees, and court costs incurred in defending <br />such claim, cause of action or lawsuit. <br />O. Waiver <br />It is agreed that no waiver or modification of the contract resulting from this RFP, or of <br />any covenant, condition or limitation contained in it shall be valid unless it is in writing <br />and duly executed by the party to be charged with it, and that no evidence of any waiver <br />or modification shall be offered or received in evidence in any proceeding, arbitration, or <br />litigation between the parties arising out of or affecting this contract, or the right or <br />obligations of any party under it, unless such waiver or modification is in writing, duly <br />executed as above. The parties agree that the provisions of this paragraph may not be <br />waived except by a duly executed writing. <br />P. Survivorship Rights <br />This contract resulting from this RFP shall be binding on and inure to the benefit of the <br />respective parties and their executors, administrators, heirs, personal representative, <br />successors and assigns. <br />Q. Termination <br />The contract resulting from this RFP may be terminated by the City of Pompano Beach <br />without cause upon providing contractor with at least sixty (60) days prior written notice. <br />Should either party fail to perform any of its obligations under the contract resulting from <br />this RFP for a period of thirty (30) days after receipt of written notice of such failure, the <br />non -defaulting part will have the right to terminate the contract immediately upon delivery <br />of written notice to the defaulting part of its election to do so. The foregoing rights of <br />termination are in addition to any other rights and remedies that such party may have. <br />R. Manner of Performance <br />15 <br />