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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br /> (305)947-0606 phone(305)949-3113 Fax
<br /> covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
<br /> which should conflict in any manner or degree with the performance of the Services. The
<br /> Contractor further covenants that in the performance of this Agreement, no person having any
<br /> such interest shall knowingly be employed by the Contractor. The Contractor guarantees that
<br /> he/she has not offered or given to any member of, delegate to the Congress of the United States,
<br /> any or part of this contract or to any benefit arising therefrom.
<br /> 24. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
<br /> the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br /> representatives, officers, directors, officials and employees from and against claims, damages,
<br /> losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br /> appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
<br /> errors, mistakes or omissions relating to professional services in the performance of this
<br /> Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
<br /> representatives, officers, directors, officials and employees shall arise in connection with any
<br /> claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br /> injury to impairment, or destruction of tangible property including loss of use resulting
<br /> therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
<br /> services in the performance of this Agreement including any person for whose acts, errors,
<br /> mistakes or omissions the Contractor may be legally liable. The parties agree that One Hundred
<br /> Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set
<br /> forth in this Agreement.
<br /> 25. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
<br /> ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br /> to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
<br /> permits, licenses, approvals and consents necessary for the lawful conduct of the activities
<br /> contemplated under this Agreement.
<br /> 26. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
<br /> supersede any other conflicting provisions that are contained in any other document, including
<br /> but not limited to Attachment "A", attached herein and incorporated herein by reference. If there
<br /> is a conflict or inconsistency between any term, statement, requirement, or provision of
<br /> Attachment "A", any document or events referred to herein, or any document incorporated
<br /> herein by reference, and a term, statement, requirement or provision of this Agreement, the terms
<br /> and conditions in this Agreement shall supersede and take priority over any other conflicting
<br /> provisions that are contained in any other document, including but not limited to the Contractor's
<br /> proposal contained in Attachment "A".
<br /> 27. MISCELLANEOUS.
<br /> A. In the event any provision of this Agreement is found to be void and
<br /> unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
<br /> shall nevertheless be binding upon the parties with the same effect as though the void or
<br /> unenforceable provisions had been severed and deleted.
<br /> SIB
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