|
<br />City of SIII/IIY Isles Beacl1
<br />
<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33 I 60
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />
<br />event of default hereunder.
<br />
<br />Notwithstanding thc insurancc rcquircmcnts in this subscction 10.19, ARTIST shall bc
<br />solcly rcsponsiblc for thc safc kccping and prcscl'Vation of an)' and all Work, and ofthc
<br />Projcct, and shall bc solcl)' rcsponsiblc and liablc for an)' risk of loss or damagc to any
<br />and all Work, and/or to thc Projcct, up to thc CITY'S final writtcn acccptancc of thc
<br />Project. In thc cvcnt that all or any pOl.tion of thc Work, or the Project, is lost, stolcn,
<br />damagcd, 01' destroycd (whcthcr in whole 01' in part) prior to thc CITY'S final writtcn
<br />acccptancc of thc Pmject, ARTIST shall bc solcly rcsponsiblc for undcrtaking such
<br />correctivc mcasurcs as shall bc dccmcd rcasonably ncccssary by thc CITY, to rcpair,
<br />I'Cplacc, rcdo, and/or ,'cstorc any and all lost, stolcn, damagcd, and/or dcstroycd (as thc
<br />casc ma)' bc) portions of thc Work, or of thc Pmjcct, and such mcasurcs shall bc
<br />undcrtakcn in accordancc with mcans and mcthods, as wcll as a complction schcdulc,
<br />as shall bc appmvcd by thc Contract Administrator, such approval not to bc
<br />unrcasonablc withhcld. Furthcr, such mcasurcs shall bc undcrtakcn at ARTIST'S solc
<br />cost and cxpcnsc, at no additional cost, and/or liability to thc CITY,
<br />
<br />10.21 INDEMNIFICATION
<br />
<br />ARTIST agrees to indemnifY and hold harmless thc CITY OF SUNNY ISLES BEACH and its
<br />officers, employees and agents, from and against any and all actions, claims, liabilities. losses,
<br />and expenscs, including, but not limited to, attorneys' 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 be
<br />alleged to have arisen fl-OI11 the negligent acts, errors, omissions or other negligent conduct of
<br />the ARTIST, its employees, agents, sub-consultants, or any other person or cntity acting under
<br />ARTIST'S control, in connection with the ARTIST'S performance of the Work pursuant to this
<br />Agreement; and to that extent, the ARTIST shall pay all such claims and losses and shall pay
<br />all such costs and judgments which may issue from any lawsuit arising from such claims and
<br />losses, and shall pay all costs and attorneys' fecs expendcd by thc CITY in the dcfense of such
<br />claims and losses, including appeals. The parties agree that one percent (1 %) of the total
<br />compensation to the ARTIST for pcrformance of the Work under this Agrcement is the specific
<br />consideration from the CITY to the ARTIST for the ARTIST'S Indemnity Agreement.
<br />
<br />The ARTIST'S obligation under this Subsection shall not include the obligation to indcmnify
<br />the CITY OF SUNNY ISLES BEACH and its officers, employees and agents, fi'om and against
<br />any actions or claims which arise or are allebed to have ariscn from negligent acts or omissions
<br />or other negligent conduct of the CITY and its officers, employees and agents. Thc parties each
<br />agree to give the other party prompt notice of any claim coming to its knowledge that in any
<br />
<br />17
<br />
<br />C0607-044 Butterfly Artist Agreement
<br />
<br />.. /' n
<br />"
<br />, ,
<br />
|