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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference
<br />herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The
<br />Contractor covenants that it presently has no interest and shall not acquire any interest, directly or
<br />indirectly which should conflict in any manner or degree with the performance of Services under
<br />this Agreement. The Contractor further covenants that in the performance of this Agreement, no
<br />person having any such interest shall knowingly be employed by the Contractor. The Contractor
<br />guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
<br />United States, any or part of this contract or to any benefit arising therefrom.
<br />16. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
<br />by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
<br />officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
<br />including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
<br />the professional negligence, error or omission of the Contractor or persons employed or utilized
<br />by the Contractor in performance of Services under this Agreement.
<br />Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
<br />or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
<br />directors, officials and employees from and against any and all causes of action, demands, claims,
<br />losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
<br />caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
<br />including those of their employees, agents, servants, or officers, or accruing, resulting from, or
<br />directly related to the subject matter of this Agreement including, without limitation, any and all
<br />claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
<br />resulting from injuries or damages sustained by any person or property. In the event any lawsuit
<br />or other proceeding is brought against City by reason of any such claim, cause of action or demand,
<br />Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
<br />counsel satisfactory to City.
<br />The provisions and obligations of this section shall survive the expiration or earlier termination of
<br />this Agreement. To the extent considered necessary by City, any sum due Contractor under this
<br />Agreement may be retained by City until all of City's claims for indemnification pursuant to this
<br />Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
<br />to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
<br />specific consideration to the Contractor for the indemnification set forth in this Agreement.
<br />17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
<br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br />under this Agreement.
<br />18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br />supersede and take priority over any inconsistent or conflicting provisions that are contained in
<br />any other document, including but not limited to Exhibit "A", `B", and "C".
<br />19. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
<br />subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
<br />ADVANCED ROOFING, INC. 9
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