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CITY OF SUNNY ISLES BEACH <br />Bid No. 01-09-01 <br />Page No. 12 <br />PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE <br />under this agreement. <br />7.8 WAIVER OF LIABILITYANDEMNITY: The City shall not in any way be answerable or <br />accountable for any violations of applicable laws or for any injury, loss or damage arising from the <br />negligence or omission of Contractor or any one of its employees, contractors or agents. Contractor <br />hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, <br />damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in <br />whole or in part by City or its employees, arising out of (i) the performance or breach by the <br />Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including <br />death, to any person and destruction of property resulting from the performance or breach by <br />Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a <br />single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the <br />higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to <br />file any mechanic's or materialman's lien against the interest of the owner of the property. <br />