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10.4.11 The CONTRACTOR agrees to perform the work under the Contract as an <br />independent CONTRACTOR, and not as a sub - contractor, agent or employee of CITY. <br />10.4.12 CONTRACTOR shall require each of its subcontractors of any tier to maintain the <br />insurance required herein for each category, and CONTRACTOR shall provide verification thereof <br />to CITY upon request of CITY. Notwithstanding the foregoing, the CONTRACTOR may provide <br />insurance for subcontractors. <br />10.4.13 Violation of the terms of this Article and its subparts shall constitute a breach of the <br />Contract and CITY, at its sole discretion, may cancel the Contract and all rights, title and interest of <br />the CONTRACTOR shall thereupon cease and terminate. Notwithstanding the foregoing, the <br />CONTRACTOR shall be given thirty (30) days to cure any breach. <br />10.5 CITY'S Liability and Insurance. <br />CITY shall not be responsible for purchasing and maintaining any insurance to protect <br />the interests of CONTRACTOR, subcontractors or others on the Work. CITY specifically reserves <br />all statutory and common law rights and immunities and nothing herein is intended to limit or waive <br />same including, but not limited to, the procedural and substantive provisions of Section 768.28, <br />Florida Statutes and Section 95.11, Florida Statutes. <br />ARTICLE 11 - WARRANTIES; TESTS AND INSPECTIONS; CORRECTION OF <br />DEFECTIVE WORK <br />11.1 Warranty of Title. <br />The CONTRACTOR warrants to the CITY that it possesses good, clear and <br />marketable title to all equipment and materials provided hereunder and there are no pending liens, <br />claims or encumbrances whatsoever against said equipment and materials. <br />11.2 Warrantyof Specifications. <br />The CONTRACTOR warrants that all equipment, materials and workmanship <br />furnished, whether furnished by the CONTRACTOR or its sub - contractors and suppliers, will comply <br />with the specifications, drawings and other descriptions supplied or adopted and that all services will <br />be performed in a workmanlike manner. <br />11.3 Warranty of Merchantability. <br />CONTRACTOR warrants that any and all equipment to be supplied pursuant to the <br />Agreement is new, merchantable, free from defects, whether patent or latent in material or <br />workmanship and fit for the ordinary purposes for which it is intended. <br />23 <br />