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Municipal email address as their exclusive email address and any business cards or other IDs shall state that
<br />the person is an employee of Consultant or providing Services pursuant to a contractual agreement between
<br />Municipality and Consultant.
<br />It is the intention of the Parties that Consultant shall be deemed to be an agent of the Municipality for
<br />purposes of Section 768.28 Florida Statute.
<br />12. INDEMNIFICATION
<br />To the fullest extent permitted by law, Consultant shall defend, indemnify, and hold harmless Municipality, its
<br />elected and appointed officials, employees and volunteers and others working on behalf of Municipality, from
<br />and against any and all third -party claims, demands, suits, costs (including reasonable legal costs), expenses,
<br />and liabilities ("Claims") alleging personal injury, including bodily injury or death, and/or property damage,
<br />but only to the extent that any such Claims are caused by the negligence of Consultant or any officer,
<br />employee, representative, or agent of Consultant. Consultant shall have no obligations under this Section to
<br />the extent that any Claim arises as a result of Consultant's compliance with Municipal law, ordinances, rules,
<br />regulations, resolution, executive orders or other instructions received from Municipality.
<br />To the fullest extent permitted by law and without waiver of governmental immunity, Municipality shall
<br />defend, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from
<br />and against any and all Claims alleging personal injury, including bodily injury or death, and/or property
<br />damage, but only to the extent that such Claims are caused by (a) the negligence of, or material breach of any
<br />obligation under this Agreement by, Municipality or any officer, employee, representative, or agent of
<br />Municipality or (b) Consultant's compliance with Municipal law, ordinances, rules, regulations, resolutions,
<br />executive orders or other instructions received from Municipality. If either Party becomes aware of any
<br />incident likely to give rise to a Claim under the above indemnities, it shall notify the other and both Parties
<br />shall cooperate fully in investigating the incident.
<br />13. LIMITS OF LIABILITY
<br />EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN, CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL
<br />WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
<br />WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR -FREE OPERATION,
<br />PERFORMANCE, ACCURACY, OR NON -INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM
<br />MUNICIPALITY'S PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL CONSULTANT OR MUNICIPALITY
<br />BE LIABLE TO ONE ANOTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, OR
<br />SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST
<br />DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF ACTION,
<br />WHETHER IN CONTRACT, INDEMNITY, NEGLIGENCE, WARRANTY, STRICT LIABILITY, ORTORT, EVEN IF ADVISED
<br />OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
<br />ANY REMAINING REMEDY. EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT
<br />SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF
<br />ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER
<br />ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY NEGLIGENCE, INTENTIONAL CONDUCT, OR
<br />OTHERWISE) EXCEED THE GREATER OF THE AMOUNTOF FEES PAID TO CONSULTANT PURSUANTTOTHIS AGREEMENT
<br />OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO
<br />THE SAME EXTENTAS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE THE POLICIES).
<br />14. INSURANCE
<br />Consultant shall secure and maintain throughout the duration of this Agreement insurance of such type and in such
<br />amounts as required by City of Doral RFQ No. 2023-04. Municipality shall be named as an additional insured on all policies
<br />with the exception of Workers' Compensation. Certificates of Insurance shall be provided to Municipality at the time of
<br />execution of this Agreement and certified copies provided upon request. Each policy certificate shall be endorsed with a
<br />provision that not less than thirty (30) calendar days' written notice shall be provided to Municipality before any policy or
<br />coverage is cancelled or restricted, or in accordance with policy provisions.
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