Reso 2017-2715 - Laserfiche WebLink

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COUNTY shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, which CITY may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent performance or breach of any terms and conditions of this AGREEMENT by COUNTY. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of the Statute whereby COUNTY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which when totaled with all other claims or judgments paid by the Provider arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of COUNTY. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the CITY for the CITY's own negligence or breach of its obligations under this Agreement. 7. Insurance CITY shall make sure all pertinent and proper insurances are carried by Contractor during the term of this Agreement up to and including the date of Final Completion of the SKATE PARK, as defined in the AGREEMENT between the CITY and the Contractor to design and build the SKATE PARK. Upon the date of Final Completion, the CITY shall have no further legal responsibility or liability with respect to providing insurance coverage. 8. Default and Cancellation a. If the CITY in any manner violates the covenants and conditions of this AGREEMENT for any other reason that would place the CITY in default, and does not correct the violation within thirty (30) days after receiving written notification from the COUNTY, or has not provided the COUNTY with a written response within thirty (30) days after receiving said written notification indicating the status of why the CITY cannot correct the violation within the thirty (30) days, then this AGREEMENT may, at the option of the COUNTY, and upon ten (10) days additional written notice to CITY, be cancelled forthwith without payment or compensation to CITY. b. If the COUNTY in any manner violates the covenants and conditions of this Agreement for any other reason that would place the COUNTY in default, and does not convect the violation within thirty (30) days after receiving written notification from the CITY, or has not provided the CITY with a written response within thirty (30) days after receiving said written notification indicating the status of why the COUNTY cannot correct the violation within the thirty (30) days, then this AGREEMENT may, at the option of the CITY, and upon ten (10) days additional written notice to COUNTY, be cancelled forthwith without payment or compensation to COUNTY. The Mayor, or his designee, shall be the party designated by the COUNTY, and the City Manager, or his designee, shall be the party designated by the CITY, to grant or deny all approvals required by this AGREEMENT, or to terminate this AGREEMENT. 9. Notices All notices or other communications which shall or may be given pursuant to this AGREEMENT shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties at their respective addresses indicated below, or as the same may be changed, in writing, from time to time. Such Page 7 ofX 6-3