Reso 2007-1084 - Laserfiche WebLink

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City of SIIIIIIY Isles Beadl 18070 Collins A venue, Sunny Isles Beach, Florida -33160- (305) 947-0606 phone (305) 949-3113 Fax 10.8 CONFLICTS Neither ARTIST nor its employees shall have or hold any continuing or ti'equently recurring cmployment or contractual relationship that is substantially antagonistic or incompatible with ARTIST'S loyal and conscientious exercise of judgment related to its performance under this Agreement. ARTIST agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against CITY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, ARTIST agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatcned legal or administrative proceeding. The limitations of this section shall not preclude ARTIST or any other persons Hum representing themselves in any action or in any administrative or legal proceeding. 10.9 CONTINGENCY FEE ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for ARTIST, to solicit or sccure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or finn, other than a bona fide employee working solely for ARTIST, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, The CITY shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the Agrcement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 10.10 WAIVER OF BREACH The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach ofa provision of this Agrcement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 13 C0607-044 Butterfly Artist Agreement , J ':',', \.) ..;