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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33] 60 <br />(305) 947-0606 phone (305) 949-3] 13 Fax <br /> <br />endorsed for contractual liability, with the City named as additional insured. All policies <br />shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms <br />and issued by insurance companies acceptable to the City's Risk Management Department. All <br />insurance policies and certificates of insurance shall provide that the policies may not be <br />canceled or altered without thirty (30) days prior written notice to the City. The City reserves the <br />right from time to time to change the insurance coverage and limits of liability required to be <br />maintained by Contractor hereunder. <br /> <br />Contractor shall also require and ensure that each of its subcontractors providing Services <br />hereunder (if any) procures and maintains, until the completion of the services, insurance of the <br />types and to the limits specified herein. <br /> <br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS <br />SECTION MUST BE APPROVED IN WRITING BY THE CITY. <br /> <br />8. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its <br />officers, agents, and employees from, and against any and all claims, actions, liabilities, losses <br />and expenses including, but not limited to, attorney's fees for personal, economic or bodily <br />injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or <br />may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct <br />of the Contractor, agents or other personal entity acting under Contractor's control in connection <br />with the Contractor's performance of Services pursuant to that Agreement and to that extent the <br />Contractor shall pay such claims and losses and shall pay all such costs and judgments which <br />may issue from any lawsuit arising from such claims and losses including wrongful termination <br />or allegations of discrimination or hacassment, and shall pay all costs and attorneys' fees <br />expended by the City in defense of such claims and losses including appeals. The parties agree <br />that ten percent (10%) of the total compensation is a specific consideration from the City to the <br />Contractor for this indemnity. <br /> <br />9. TERMINA TION. <br /> <br />a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a <br />timely manner or otherwise violate any of the covenants, agreements or stipulations material to <br />this Agreement, the City shall have the right to terminate the Services then remaining to be <br />performed. Prior to the exercise of its option to terminate for cause, the City shall notify the <br />Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) <br />days to cure such default. If the default remains uncured after ten (10) days, the City may <br />terminate this Agreement. <br /> <br />1. In the event of termination, all finished and unfinished documents, data <br />and other work product prepared by Contractor (and subcontractor[ s]) <br />shall be delivered to the City and the City shall compensate the Contractor <br />for all Services satisfactorily performed prior to the date of termination, as <br />provided in Paragraph 4 herein. <br /> <br />Page 4 of \0 <br /> <br />Pool Rangers, Inc. <br />Attorney/ Agreements/jb <br />7/7/2005 <br /> <br />SIB <br />SIB <br />