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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 />ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
<br />WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
<br />LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
<br />serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
<br />by the City pursuant to Section 768.28, Florida Statutes.
<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
<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, including any subcontractors.
<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, subcontractors, or officers, or accruing,
<br />resulting from, or directly related to the subject matter of this Agreement including, without
<br />limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any
<br />nature whatsoever resulting from injuries or damages sustained by any person or property. In the
<br />event any lawsuit or other proceeding is brought against City by reason of any such claim, cause
<br />of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit
<br />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. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING The Contractor shall not
<br />subcontract, assign or transfer any work under this agreement with the prior written consent of the
<br />City. Should the Contractor subcontract any Services under this Agreement, it shall be done with
<br />continued liability for the Contractor. The Contractor shall remain responsible for Services,
<br />responsibilities and liabilities of any person or entity acting under Contractor.
<br />15. FEDERAL AND STATE MANUFACTURING AND SAFETY STANDARDS. It is
<br />intended that the Contractor be in in full and complete compliance with all Federal and Florida
<br />State laws and regulations that apply to tires and other related services. This includes, but not
<br />limited to, U.S. Department of Transportation, FDOT, NHTSA, Federal MVSS, OSHA and EPA
<br />standards. The Contractor shall notify the City in writing of items and procedures not in
<br />compliance with such standards and shall immediately make correction thereof to comply.
<br />16. 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 />THE GOODYEAR TIRE & RUBBER COMPANY 0
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