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10.4.11 The CONTRACTOR agrees to perform the work under the Contract as an <br /> independent CONTRACTOR,and not as a sub-contractor, agent or employee of CITY. <br /> 10.4.12 CONTRACTOR shall require each of its subcontractors of any tier to maintain the <br /> insurance required herein for each category, and CONTRACTOR shall provide verification thereof <br /> to CITY upon request of CITY. Notwithstanding the foregoing, the CONTRACTOR may provide <br /> insurance for subcontractors. <br /> 10.4.13 Violation of the terms of this Article and its subparts shall constitute a breach of the <br /> Contract and CITY,at its sole discretion, may cancel the Contract and all rights, title and interest of <br /> the CONTRACTOR shall thereupon cease and terminate. Notwithstanding the foregoing, the <br /> • CONTRACTOR shall be given thirty(30)days to cure any breach. <br /> 10.5 CITY'S Liability and Insurance. <br /> CITY shall not be responsible for purchasing and maintaining any insurance to protect <br /> the interests of CONTRACTOR, subcontractors or others on the Work. CITY specifically reserves <br /> all statutory and common law rights and immunities and nothing herein is intended to limit or waive <br /> same including, but not limited to, the procedural and substantive provisions of Section 768.28, <br /> Florida Statutes and Section 95.11, Florida Statutes. <br /> ARTICLE 11 - WARRANTIES; TESTS AND INSPECTIONS; CORRECTION OF <br /> DEFECTIVE WORK <br /> 11.1 Warranty of Title. <br /> The CONTRACTOR warrants to the CITY that it possesses good, clear and <br /> marketable title to all equipment and materials provided hereunder and there are no pending liens, <br /> claims or encumbrances whatsoever against said equipment and materials. <br /> 11.2 Warranty of Specifications. <br /> • <br /> The CONTRACTOR warrants that all equipment, materials and workmanship <br /> furnished,whether furnished by the CONTRACTOR or its sub-contractors and suppliers,will comply <br /> with the specifications,drawings and other descriptions supplied or adopted and that all services will <br /> be performed in a workmanlike manner. <br /> 11.3 Warranty of Merchantability. <br /> CONTRACTOR warrants that any and all equipment to be supplied pursuant to the <br /> Agreement is new, merchantable, free from defects, whether patent or latent in material or <br /> workmanship and fit for the ordinary purposes for which it is intended. <br /> 23 r.,.: • ..• <br /> C✓ i <br />