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- City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Contractor shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 8. WAIVER OF LIABILITYIINDEMNITY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction- of property resulting from the performance or breach by Contractor. Contractor's indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against City property. 9. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end on December 3, 2011. If the event is canceled and rescheduled, per Section 12 below, the term shall end upon completion of the rescheduled date. Payment will be made only for services completed to the satisfaction of the City. Contractor is to commence performance of Services on the commencement date and continue in a diligent manner until the Services are complete. Contractor acknowledges that compliance with the commencement and completion date is the essence of this Agreement. The terms of Sections 7 and 8 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. 11. CANCELLATION: The City has the right to exercise its discretion and cancel Contractor's Services by providing notice to Contractor, at least by 4 p.m. the day before the scheduled event date, due to the threat of severe inclement weather (i.e. hurricanes, tornadoes, flooding, etc.) acts of God, riots, strikes, epidemics and similar circumstances. In the event of such cancellation under this Section, the Contractor agrees to reschedule the event in the City within 60 (sixty) calendar days of the cancelled event, with the Contractor's 50% retainer deposit to be applied to this rescheduled event. However, in the event the Contractor is unable to reschedule the canceled event within this 60 (sixty) C1112-003 All Star Events, Inc. Service Agreement - WINTER-FEST 4 i..,_