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<br />City of Sill/II)' Isles Beach
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<br />18070 Collins A venue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />9. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances
<br />of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement
<br />("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and
<br />consents necessary for the lawful conduct of the activities contcmplated under this Agreement
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<br />Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in
<br />state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62-16 entitled
<br />"Ethics in Public Contracting," As provided in Section 62-16, Code of the City of Sunny Isles, the City
<br />Commission may terminate this Contract for violation of the above-referenced ethical standards,
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<br />10, WAIVER OF LIABILITY/INDEMNITY: 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 negligence
<br />or omission of Contractor or anyone of its employees, contractors or agents, Contractor hereby agrees to
<br />indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or
<br />expense, including attorneys' fees, whether or not due to or eauscd in whole or in part by City or its
<br />employees, arising out of (i) the performance or breach by the Contractor of its obligations under this
<br />Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property
<br />resulting from the performance or breaeh by Contractor. Contractor hereby irrevocably waives any right and
<br />agrees not to file any mechanic's or materialman's lien against City property.
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<br />11, ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City
<br />and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all
<br />assets or any similar transaction, Notwithstanding the foregoing, this Agreement is personal to the Contractor
<br />and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereundcr
<br />without first obtaining the City's consent in writing, Any such attempted assignment or delegation shall be
<br />deemed of no legal force and effect \vhatsoever.
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<br />12, TERM: The term of the Contract shall commence upon execution, and shall terminate upon
<br />completion of the City's 101h anniversary celebration fireworks display on Saturday, June 16, 2007, In the
<br />event that the Display Date is postponed, then Contractor shall sell, furnish, deliver, exhibit and display the
<br />planned aerial celebration fireworks on June 23, 2007, Payment will be made only for work completed to the
<br />satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and
<br />continue in a diligent manncr until work is complete. Contractor acknowledges that compliance with the
<br />commencement and completion schedule is on the essence of this Agreement The terms of Sections 9 and 10
<br />entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination
<br />of this Agrecment
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<br />13. TERMINATION: The City shall have the right to cancel this Agreement at any time during the term
<br />hereof, upon ten (10) days notice to the Contractor.
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<br />14. NOTICES: All notices and other communications required or permitted to be given under this
<br />Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided
<br />herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by
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<br />C0607-058 Add Fire, Inc. Agreement
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