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<br />(d) AMC and each driver providing Transportation Services hereunder are fully <br />competent and able to perform their respective obligations under this Agreement. <br /> <br />(e) AMC warrants and represents that all vehicles used for transporting Employees <br />shall be clean, safe and maintained in good working condition, and that all <br />Designated Vehicles are properly licensed and insured. <br /> <br />(f) AMC warrants and represents that it is in full compliance with all applicable laws <br />and regulations on the date of execution and throughout the Term of this <br />Agreement. <br /> <br />(g) AMC further warrants and represents that it has no obligation or indebtedness that <br />would impair its ability to fulfill the terms of this Agreement. <br /> <br />8. REPRESENTATIONS. WARRANTIES AND COVENANTS OF THE CITY. <br /> <br />8.01 The CITY hereby represents, warrants and covenants during the Term of this Agreement <br />as follows: <br />(a) The CITY is a duly organized municipality existing under the laws of the State of <br />Florida and has all requisite power to conduct its business as presently conducted. <br /> <br />(b) The CITY's execution, delivery and performance of this Agreement has been duly <br />authorized by the CITY Commission. This Agreement has been duly executed and <br />delivered by it and constitutes a valid and binding obligation enforceable against it <br />in accordance with its terms. <br /> <br />9. MISCELLANEOUS. <br /> <br />9.01 Entire Agreement; Waiver. This Agreement contains the entire understanding of the <br />PARTIES and merges and supersedes any prior or contemporaneous agreements between <br />the PARTIES relating to this Agreement's subject matter. This Agreement may not be <br />modified or terminated orally, and no modification, termination or attempted waiver of <br />any of the provisions shall be binding unless in writing and signed by the party against <br />whom it is sought to be enforced. Failure of a party to enforce one or more of the <br />provisions of this Agreement or to require at any time performance of any of the <br />obligations under this Agreement shall not be construed to be a waiver of any provision by <br />a party nor in any way affect the validity of this Agreement, a party's right to enforce any <br />provision of this Agreement, or preclude a party from taking any other action at any time <br />which it would legally be entitled to take. <br /> <br />9.02 Construction. This Agreement shall be interpreted without regard to any presumption or <br />other rule requiring construction against the party causing this Agreement to be drafted, <br />7 <br /> <br />r <br /> <br />C0809-044 AGREEMENT WITH AMC MEDICAL TRANSPORTATION <br />