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<br />Interlocal Agreement by and between the City of Sunny Isles Beach, Florida, <br />and The School Board of Miami-Dade County, Florida <br /> <br />Q. JUry Trial Waiver. The Parties waive trial by jury in any action, proceeding or <br />counterclaim brought by either of the Parties hereto against the other for any <br />matter whatsoever arising out of or in any way connected with this Agreement. <br /> <br />R. Indemnity. <br /> <br />The Board does hereby agree to indemnify and hold harmless the City to the <br />extent of the limitations included within Florida Statutes, Section 768.28, subject <br />to the provisions in this act whereby the Board shall not be held liable to pay a <br />personal injury or property damage claim or judgment by anyone person which <br />exceeds the sum of $200,000, or any claim or judgment, or portions thereof, <br />which, when totaled with all other claims or judgments paid by the Board arising <br />out of the same incident or occurrence, exceeds the sum of $300,000 from any <br />and all personal injury or property damage claims, liabilities, losses and causes of <br />action which may arise as a result of the negligence of the Board. However, <br />nothing herein shall be deemed to indemnify the City from any liability or claim <br />arising out of the negligent performance or failure of performance of the City or <br />as a result of the negligence of any unrelated third party. <br /> <br />The City does hereby agree to indemnify and hold harmless the Board, to the <br />extent of the limitations included within Florida Statutes, Section 768.28, subject <br />to the provisions in this act whereby the City shall not be held liable to pay a <br />personal injury or property damage claim or judgment by anyone person which <br />exceeds the sum of $200,000, or any claim or judgment, or portions thereof, <br />which, when totaled with all other claims or judgments paid by the City arising <br />out of the same incident or occurrence, exceeds the sum of $300,000 from any <br />and all personal injury or property damage claims, liabilities, losses and causes of <br />action which may arise as a result of the negligence of the City. However, <br />nothing herein shall be deemed to indemnify the Board from any liability or claim <br />arising out of the negligent performance or failure of performance of the Board or <br />as a result ofthe negligence of any unrelated third party. <br /> <br />lExecution Pages(s) Follow] <br /> <br />9 <br /> <br />S.! Q <br />~U <br />