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damage or injury of any kind, in law or equity, to property or persons, including wrongful death,
<br />in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of
<br />RedSpeed, its officials, officers, employees, subcontractors, or agents in connection with the
<br />performance of RedSpeed's Services, the Project or this Agreement, including without limitation
<br />the payment of all consequential damages, expert witness fees and attorney's fees and other related
<br />costs and expenses, to the extent caused by the negligence, recklessness, or intentional wrongfill
<br />misconduct of the RedSpeed and other persons employed or utilized by RedSpeed in the
<br />performance of this Agreement. The performance of this Agreement (including any amendments
<br />thereto) by RedSpeed, its employees, agents, representatives or subcontractor; or (ii) the failure of
<br />RedSpeed, its employees, agents, representatives or subcontractors to comply and conform with
<br />applicable Laws (as defined herein); or (iii) any negligent act or omission of RedSpeed, its
<br />employees, agents, representatives, or subcontractors, whether or not such negligence is claimed
<br />to be either solely that of RedSpeeds, its employees, agents, representatives or subcontractors, or
<br />to be in conjunction with the claimed negligence of others, including that of any of the Indemnified
<br />Parties; or (iv) any reckless or intentional wrongful act or omission of RedSpeed, its employees,
<br />agents, representatives, or subcontractors; or (v) RedSpeed's failure to maintain, preserve, retain,
<br />produce, or protect records in accordance with this Agreement and applicable Laws (including but
<br />not limited to Florida laws regarding public records).
<br />ii. Additional Indemnity Obligations. Payment of any amount due pursuant to the foregoing
<br />indemnity shall, after receipt of written notice by RedSpeed from the City that such amount is due,
<br />be made by RedSpeed prior to the City being required to pay same, or in the alternative, the City,
<br />at the City's option, may make payment of an amount so due and RedSpeed shall promptly
<br />reimburse the City for same, together with interest thereon at the statutory rate from the date of
<br />receipt by RedSpeed of written notice from the City that such payment is due. RedSpeed agrees,
<br />at RedSpeed's expense, after written notice from the City, to defend any action against the City
<br />that falls within the scope of this indemnity, or the City, at the City's option, may elect not to
<br />tender such defense and may elect instead to secure its own attorney to defend any such action and
<br />the reasonable costs and expenses of such attorney incurred in defending such action shall be
<br />payable by RedSpeed. Additionally, if RedSpeed, after receipt of written notices from the City,
<br />fails to make any payment due hereunder to the City, RedSpeed shall pay any reasonable attorney's
<br />fees or costs incurred by the City in securing any such payment from RedSpeed.
<br />iii. Nothing contained herein is intended nor shall it be construed to waive the City's rights
<br />and immunities under the common law or Florida Statute §768.28 as amended from time to time.
<br />This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
<br />obligation of indemnity which would otherwise exist in the City's favor. Notwithstanding any
<br />other provision of this Agreement to which it is applicable, City shall not be liable or responsible
<br />to RedSpeed beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., regardless
<br />of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall
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