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<br />I , <br /> <br />MIAMI-DADE COUNTY. FLORIDA Contract No. RFP683 <br /> <br />Contractor ,first obtains the written approval of the County. Such approval may be <br />withheld if for any reason the County believes that the publication of such information <br />would be harmful to the public interest or is in any way undesirable; and <br /> <br />Communicate in any way with any contractor, department, board, agency, commission <br />or other organization or any person whether governmental or private in connection with <br />the Services to be performed hereunder except upon prior written approval and <br />instruction of the County; and <br /> <br />b) <br /> <br />c) <br /> <br />Except as may be required by law, the Contractor and its employees, agents, <br />subcontractors and suppliers will not represent, directly or indirectly, that any product or <br />service provided by the Contractor or such parties has been approved or endorsed by <br />the County. <br /> <br />ARTICLE 37. <br /> <br />BANKRUPTCY <br /> <br />The County reserves the right to terminate this contract, if, during the term of any contract the <br />Contractor has with the County, the Contractor becomes involved as a debtor in a bankruptcy <br />proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if <br />a trustee or receiver is appointed over all or a substantial portion of the property of the <br />Contractor under federal bankruptcy law or any state insolvency law. <br /> <br />ARTICLE 38. GOVERNING LAW <br /> <br />This Contract, including appendices, and all matters relating to this Contract (whether in <br />contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in <br />accordance with, the laws of the State of Florida. Venue shall be Miami-Dade County. <br /> <br />ARTICLE 39. CONTRACTOR LIABILITY <br /> <br />The Contractor shall be solely responsible for all injuries to any and all persons (including death) <br />or damage to property, including but not limited to, property of Miami-Dade County, occurring. on <br />account of or in connection with the furnishing and delivering of the petroleum product <br />hereunder. The Contractor shall indemnify and save harmless Miami-Dade County from any <br />and all loss and liability upon any and all claims for damages on account of such injuries to <br />persons (including death) or damage to property or on account of any neglect, fault or default of <br />the Contractor, its subcontractors, Miami-Dade County or their respective agents, servants or <br />employees and from all costs and expenses in suits which may be brought against Miami-Dade <br />County on account of any such injuries to persons, (including death) or damage to property or <br />on account of any such neglect, fault and default as aforesaid. The Contractor shall be solely <br />responsible and liable for, and shall fully protect and indemnify Miami-Dade County against any <br />and all claims for injuries to persons (including death) or damage to property occasioned by or <br />resulting from methods or processes in the furnishing and delivering of the petroleum product, <br />or otherwise and irrespective of the actual cause of the accident and irrespective whether such <br />injuries or damages be attributable to negligence of the Contractor, its subcontractors, Miami- <br />Dade County, their respective agents, servants, employees, or otherwise. If compensation for <br />any such injury to person or damage to property shall be included in any judgment or award in <br />any action or proceeding, the Contractor shall upon demand promptly reimburse Miami-Dade <br />County for any payments made by Miami-Dade County on account thereof. <br /> <br />Page 23 of 25 <br /> <br />R~V.11/24/0~ \ ~ <br />