Reso 2013-2040 - Laserfiche WebLink

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person, firm, or corporation. CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees and costs. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith including any costs or fees of an appeal shall be the responsibility of CONTRACTOR under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY'S rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party described in this Paragraph and its subparts. 6.22 Survival of Obligations. All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Contract Documents, shall survive final payment, completion and acceptance of the work and termination or completion of this Agreement. 6.23 Correction or Removal of Defective Work. If required by CITY, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by CITY, remove it from the site and replace it with non- defective Work. CONTRACTOR shall hear all direct and indirect costs of such correction or removal (including but not limited to fees and charges of engineers, architects and other professionals) made necessary thereby. ARTICLE 7 - CITY'S RESPONSIBILITIES 7.1 CITY shall famish data required of CITY under the Contract Documents promptly. The CONTRACTOR understands and agrees that any information provided to it by the CITY as to any aspect of the Project is not guaranteed. 7.2 CONTRACTOR shall secure all necessary easements, assessments, and charges required for construction, use, or occupancy of permanent structures or permanent changes in existing facilities. 7.3 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of CITY to stop the Work shall not give rise to any duty on the part of CITY to exercise this right for the benefit of CONTRACTOR or any other party. 17