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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 />violation, the City shall have the right, in addition to any other remedies available to it at law or in
<br />equity, to enjoin the Contractor from violating such provisions.
<br />13. 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 the
<br />professional negligence, error or omission of the Contractor or persons employed or utilized by the
<br />Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter
<br />indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the
<br />City to defend City, its agents, representatives, officers, directors, officials and employees from and
<br />against any and all causes of action, demands, claims, losses, liabilities and expenditures of any
<br />kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the
<br />intentional or negligent act of, or omission of Contractor, including those of their employees, agents,
<br />servants, or officers, or accruing, resulting from, or directly related to the subject matter of this
<br />Agreement including, without limitation, any and all claims, losses, liabilities, expenditures,
<br />demands or causes of action of any nature whatsoever resulting from injuries or damages sustained
<br />by any person or property. In the event any lawsuit or other proceeding is brought against City by
<br />reason of any such claim, cause of action or demand, Contractor shall, upon written notice from
<br />City, resist and defend such lawsuit or proceeding by 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.
<br />14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be
<br />interpreted and construed in accordance with and governed by the laws of the State of Florida. All
<br />parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement,
<br />and any action involving the enforcement or interpretation of any rights hereunder shall be brought
<br />exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for
<br />litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other
<br />jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In
<br />the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
<br />this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and
<br />appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY
<br />HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
<br />JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
<br />Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
<br />defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
<br />15. 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 to
<br />this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
<br />EXQUISITE CATERING BY ROBERT, INC.
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