indirectly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable,
<br />regardless of whether or not they are caused in part by a party indemnified hereunder. Such obligation
<br />shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity
<br />which would otherwise exist as to a party or person described in this Article.
<br />6.20.2 In claims against the CITY or its consultants and its contractors, their subcontractors,
<br />agents or employees by an employee of the CONTRACTOR, its contractors, anyone directly or
<br />indirectly employed by them or anyone for whose acts they may be liable, the indemnification
<br />obligation under this Article 6.20 shall not be limited by a limitation on amount or type of damages,
<br />compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' or
<br />workmen's compensation acts, disability benefits acts or other employee benefit acts.
<br />6.21 Patent and Copyright Indemnification.
<br />CONTRACTOR agrees to indemnify, defend, save and hold harmless the CITY, its
<br />officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from
<br />any and all suits and actions of every name and description that may be brought against CITY, its
<br />officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention
<br />or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person,
<br />firm, or corporation. CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of
<br />any nature whatsoever in connection with the foregoing indemnifications including, but not limited
<br />to, reasonable attorney's fees and costs. CITY reserves the right to select its own legal counsel to
<br />conduct any defense in any such proceeding and all costs and fees associated therewith including any
<br />costs or fees of an appeal shall be the responsibility of CONTRACTOR under the indemnification
<br />agreement. Nothing contained herein is intended nor shall it be construed to waive CITY'S rights and
<br />immunities under the common law or Florida Statute 768.28 as amended from time to time. This
<br />obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation
<br />of indemnity which would otherwise exist as to any party described in this Paragraph and its subparts.
<br />6.22 Survival of Obli atg ions.
<br />All representations, indemnifications, warranties and guarantees made in, required by,
<br />or given in accordance with this Agreement, as well as all continuing obligations indicated in the
<br />Contract Documents, shall survive final payment, completion and acceptance of the work and
<br />termination or completion of this Agreement.
<br />6.23 Correction or Removal of Defective Work.
<br />If required by CITY, CONTRACTOR shall promptly, as directed, either correct all
<br />defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected
<br />by CITY, remove it from the site and replace it with non - defective Work. CONTRACTOR shall bear
<br />all direct and indirect costs of such correction or removal (including but not limited to fees and charges
<br />of engineers, architects and other professionals) made necessary thereby.
<br />17
<br />
|