City of Sunny Isles.Beach 18070 Collins Avenue; Sunny Isles Beach; Florida 33160
<br /> (305) 947-0606 phone (305) 949-3113 Fax
<br /> which should conflict in any manner or degree with the performance of Services under this
<br /> Agreement. The Contractor further covenants that in the performance of this Agreement, no
<br /> person having any such interest shall knowingly be employed by the Contractor. The Contractor
<br /> guarantees that he/she.has not offered or given to any member of, delegate to the Congress of the
<br /> United States; any or part of this contract or to any benefit arising therefrom.
<br /> 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
<br /> by law; the Contractor agrees to indemnify and hold-harmless.the City, its agents, representatives;
<br /> officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
<br /> including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part; by
<br /> the professional negligence; error or omission of the Contractor or persons employed or utilized
<br /> by the Contractor in performance of Services under this Agreement.
<br /> Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
<br /> or pay for an attorney selected by the.City to defend City, its agents, representatives; officers,
<br /> directors; officials and employees from and against any and all causes of action; demands, claims,
<br /> losses, liabilities and expenditures of any kind, including attorney fees, court costs; and expenses,
<br /> caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
<br /> including those of their employees, agents, servants, or officers, or accruing, resulting from, or
<br /> - directly related to the subject matter of this Agreement including; without limitation, any and all
<br /> claims; losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
<br /> resulting from injuries or damages sustained by any person or property. In the event any lawsuit
<br /> or other proceeding is brought against City by reason of any such claim;cause of action or demand;
<br /> Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
<br /> counsel satisfactory to City.
<br /> The provisions and obligations of this section shall survive the expiration or earlier termination of
<br /> this Agreement. To the extent considered necessary by City, any sum due Contractor under this
<br /> Agreement may be retained by City until all of City's claims for indemnification pursuant to this
<br /> Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
<br /> 'to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
<br /> specific consideration to the Contractor for the indemnification set forth in this Agreement.
<br /> 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
<br /> ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br /> to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
<br /> licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br /> under this Agreement.
<br /> 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br /> supersede and take priority over any inconsistent or conflicting provisions that are contained in
<br /> any other document, including but not limited to Attachment "A".
<br /> 21. MISCELLANEOUS.
<br /> A. In the event any provision of this Agreement is found to be void and unenforceable
<br /> by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
<br /> 6780-08I TEAM CONTRACTING INC. 9
<br />
|