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<br />American Appraisal Associate,s <br /> <br />fees it receives as a result of the engagement, except to the extent determined to have resulted from <br />the negligence or intentional misconduct of American i\ppraisal. <br /> <br />.l\merican Appraisal shall indemnify and hold harmless Client against and from any and all losses, <br />claims, or expenses for bodily injury or property damage, in proportionate part to that which is <br />caused by American Appraisal personnel or representatives during the performance of the <br />engagement, except to the extent of Client's negligence, \Vhile on Client's premises, the personnel <br />assigned by American Appraisal to any work contemplated by the Contract shall comply with all <br />posted safety instructions or safety procedures requested by Client, <br /> <br />Independent Contractor - American Appraisal and Client shall be independent contractors with <br />respect to each other. American Appraisal reserves the right to use subcontractors in executing the <br />engagement. American Appraisal is an equal opportunity employer. <br /> <br />Limits on the Use of the Work - American Appraisal's report may be used only for the specific <br />use or uses stated in the Contract, and any other use is invalid, <br /> <br />Reliance on Information Provided by Client - American Appraisal is entitled to rely without <br />independent verification on the accuracy and completeness of all of the information provided by <br />Client or its advisors, <br /> <br />Retention - Unless stipulated to the contrary in the Contract or in a related written agreement, <br />American Appraisal will retain as its property all ftles, documents, work papers, and other results, <br />developed during the course of the engagement. Such materials will be retained for a period of at <br />least five years, During this retention period, Client shall have access to these documents to assist it <br />in completing the specific use or uses stated in the Contract, subject only to reasonable notification. <br /> <br />Scope of the Work - American Appraisal shall be obligated only for services specified in the <br />Contract, and only for changes to the scope of those services that are set forth in any subsequent <br />written agreement, As a result, the scope of the work does not include unrelated services or the <br />responsibility to update any of the work after its completion, Further, American Appraisal reserves <br />the right to decline to perform any additional services, if American Appraisal believes such services <br />would create an actual or perceived conflict of interests, or would be illegal or in violation of <br />applicable regulations or professional standards, <br /> <br />Standards of Performance - American i\ppraisal shall perform the engagement in accordance with <br />applicable professional standards, However, professional services usually involve judgments made in <br />an uncertain environment and based on an analysis of data that may be unverified or subject to <br />change over time, Client and other parties to whom Client provides access to the results of <br />American Appraisal's work shall evaluate the performance of American Appraisal based on the <br />specifications of the Contract as well as on the applicable professional standards, <br /> <br />Testimony - American Appraisal's services do not include giving testimony or participating in or <br />attending court or any other legal or regulatory hearing or inquiry unless provided for in the <br />Contract or in a subsequent written agreement. <br /> <br />City of Sunny Isles Beach <br /> <br />14 <br /> <br />May 18,2007 <br />2505.07.027 <br />