|
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />failure of Contractor to make all necessary repairs promptly and fully, which is not
<br />cured in the cure period, the City may declare Contractor in default.
<br />C. If, within one (1) year after the date of completion of Services or such longer
<br />period of time as may be prescribed by the terms of any applicable special
<br />warranty required by the Contract Documents, or by any specific provision(s) of
<br />this Agreement, any of the work is found to be defective or not in accordance with
<br />this Agreement, Contractor, after receipt of written notice from the City or its designee,
<br />shall promptly correct such defective or nonconforming work within the time specified
<br />by the City without cost to the City. Nothing contained herein shall be construed to
<br />establish a period of limitation beyond a period of five (5) years with respect to
<br />any other obligation which Contractor might have under this Agreement including
<br />but not limited to any claim regarding latent defects.
<br />D. Failure to reject any defective work or material shall not in any way prevent
<br />later rejection when such defect is discovered, or obligate the City to final
<br />acceptance.
<br />E. Where the City or its designee becomes aware of faults, defects or non -conformity
<br />in any of the work provided under this Agreement or with the work being
<br />performed by the Contractor, the City or its designee shall issue a Notice to Cure
<br />to the Contractor for correction. In no event shall the failure of the City or its
<br />designee to bring to the attention of the Contractor of such faults act as a waiver or
<br />release the Contractor from responsibility or liability for such fault, defect or non-
<br />conforming work.
<br />13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
<br />this Agreement or any time for a period of ten (10) years subsequent to that date upon which this
<br />Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than
<br />in the discharge of the duties of the Contractor under this Agreement, any information which the
<br />City designates in writing as "confidential." As a violation by the Contractor of the provisions of
<br />this Section could cause irreparable injury to the City and there is no adequate remedy at law for
<br />such violation, the City shall have the right, in addition to any other remedies available to it at law
<br />or in equity, to enjoin the Contractor from violating such provisions.
<br />14. 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 />ENVIROWASTE SERVICES GROUP. INC. 7
<br />
|