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• <br /> negligent acts, errors, mistakes or omissions relating to professional Services performed under <br /> this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its <br /> agents, representatives, officers, directors, officials and employees shall arise in connection <br /> with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; <br /> death; or injury to impairment, or destruction of tangible property including loss of use_ <br /> resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to <br /> Services in the performance of this Agreement including any person for whose acts, errors, <br /> mistakes or omissions the Contractor may be legally liable. The parties agree that TEN <br /> DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification <br /> set forth in this Agreement. <br /> 17. MISCELLANEOUS. <br /> A. In the event any provision of this Agreement is found to be void and <br /> unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement <br /> shall nevertheless be binding upon the parties with the same effect as though the void or <br /> unenforceable provisions had been severed and deleted. <br /> B. This Agreement may be executed in multiple identical counterparts, each of <br /> which shall be deemed an original for all purposes. <br /> C. No waiver of any provision of this Agreement shall be valid or enforceable <br /> unless such waiver is in writing and signed by the party granting such waiver. <br /> D. The terms and conditions in this Agreement supersede any other conflicting <br /> provisions that are contained in any other document, including any attachment hereto. <br /> E. This Agreement contains the entire agreement of the parties, and may be <br /> amended, waived, changed, modified, extended or rescinded only by in writing signed by the <br /> party against whom any such amendment, waiver, change, modification, extension and/or <br /> rescission is sought. <br /> [Remainder of page intentionally left blank] <br /> 7 ►•;1 .I " <br /> C 1213-025-FIREPOWER DISPLAYS UNLIMITED.INC. <br />