|
<br />party, directly or indirectly, without the City's prior written consent, unless required by a
<br />lawful order. All drawings, maps, sketches, programs, data base, reports and other data
<br />developed or purchased under this Agreement for, or at the City's expense, shall be and
<br />remain the City's property and may be reproduced and reused at the discretion of the
<br />City.
<br />
<br />The City and Contractor shall comply with the provisions of Chapter 119, Florida
<br />Statutes (Public Records Law).
<br />
<br />All covenants, agreements, representations and warranties made herein, or
<br />otherwise made in writing by any party pursuant hereto, including, but not limited to, any
<br />representations made herein relating to disclosure or owncrship of documents, shall
<br />survivc the execution and delivery of this Agreement and the consummation of the
<br />transactions contemplated hereby.
<br />
<br />10. INDEMNIFICATION. Contractor agrees to indemnify, defend and hold
<br />harmless, the City, its officers, agents, and employees from, and against any and all
<br />claims, actions, liabilities, losses and expenses including, but not limited to, attorney's
<br />fees for personal, economic or bodily injury, Wrongful death, loss of or damage to
<br />property, at law or in equity, which may arise or may be alleged to have risen from the
<br />negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or
<br />other personnel entity acting under Contractor's control in connection with the
<br />Contractor's. performance of services pursuant to that agreement and to that extent the
<br />Contractor shall pay such claims and losses and shall pay all such costs and judgments
<br />which may issue from any lawsuit arising from such claims and losses including
<br />wrongful termination or allegations of discrimination or harassment, and shall pay all
<br />costs and attorneys' fees expended by the City in defense of such claims and losses
<br />including appeals. The parties agrcc that ten percent (10%) of the total compensation is a
<br />specific consideration from the City to the Contractor for this indemnity.
<br />
<br />11. TERMINATION.
<br />
<br />a. Termination for Default. If, through any cause within the reasonable
<br />control the Contractor shall fail to fulfill in a timely manner or otherwise
<br />violate any of the covenants, agreements or stipulations material to this
<br />agreement, the City shall have the right to terminate the services then
<br />remaining to be performed. Prior to the exercise of its option to terminate
<br />for cause, the City shall notify the Contractor of its violation of the
<br />particular tcrms of the agreement and grant Contractor ten (10) days to cure
<br />such default. If the default remains uncured after ten (10) days the City
<br />may terminate this agreement.
<br />
<br />i. In the event of termination, all fmished and unfinishcd
<br />documents, data and other work product prcpared by
<br />Contractor (and sub-Contractor[sJ) shall be delivered to the
<br />City and the City shall compensate the Contractor for all
<br />
<br />C1112-020 Beach Signs - GRAPHPLEX
<br />
<br />PageS of 11
<br />
<br />,"',
<br />" '.','
<br />C,:: \':..)
<br />),
<br />(".'
<br />
|