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If to the City: Christopher J. Russo With a copy to: <br /> City Manager Hans Ottinot, City Attorney <br /> City of Sunny Isles Beach City of Sunny Isles Beach <br /> 18070 Collins Ave. 4th Floor 18070 Collins Ave. 4th Floor <br /> Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 <br /> Tel: (305) 792-1701 Tel: (305) 792-1702 <br /> If to the Juan Barreneche, P.E. <br /> Contractor: Vice President <br /> Southern Underground Industries, Inc. <br /> 3453 NW 44 Street, Ste. 205 <br /> Oakland Park, FL 33309 <br /> Tel: (954) 650-4699 <br /> E-mail: juanb @southernui.com <br /> ARTICLE 28. INDEMNIFICATION <br /> 28.1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents, <br /> directors,and employees,from any and all claims,liabilities,damages,losses,and costs,including, <br /> but not limited to reasonable attorney's fees, and costs to the extent caused by the negligence, <br /> recklessness or intentional wrongful misconduct of Contractor and/or persons employed or utilized <br /> by Contractor in the performance of any Work under this Agreement. These indemnifications <br /> shall survive the term of this Agreement. In the event that any action or proceeding is brought <br /> against the City by reason of any such claim or demand, Contractor shall,upon written notice from <br /> the City, resist and defend such action or proceeding by counsel satisfactory to the City. <br /> 28.2 The indemnification provided above shall obligate Contractor to defend at its own <br /> expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for <br /> such defense, at City's option, any and all claims of liability and all suits and actions of every <br /> name and description covered by this Article, which may be brought against the City <br /> whether performed by Contractor, or persons employed or utilized by Contractor. <br /> 28.3 This indemnity will survive the cancellation or expiration of this Agreement. <br /> This indemnity will be interpreted under and construed to conform to the laws of the State of <br /> Florida. <br /> 28.4 Contractor shall require all Sub-Contractor agreements to include a provision that they <br /> shall indemnify, defend and hold harmless the City to the extent caused by the negligence, <br /> recklessness or intentional wrongful misconduct of the subcontractor and/or persons employed or <br /> utilized by subcontractor in the performance of any Work under this Agreement. <br /> ARTICLE 29. INSURANCE REQUIREMENTS <br /> 29.1 Contractor shall not start Work under this Agreement until it has delivered to the City <br /> certificates of insurance clearly indicating that the Contractor is in compliance with the Insurance <br /> Requirements required by Section 2.8 of ITB No. 16-04-01 which is incorporated into this <br /> Agreement. <br /> SIB <br /> C5966-1516-082 SOUTHERN UNDERGROUND INDUSTRIES.INC. 17 <br />