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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and
<br />North Miami Beach Distribution System Watermain Replacements
<br />12.2Indemnification:Forother, additional good valuable consideration,the receipt and
<br />sufficiency of which is hereby acknowledged:
<br />12.2.1 The CONTRACTOR shall, at its sole cost and expense, indemnify and hold harmless
<br />the CITY, its representatives, employees and elected and appointed officials from
<br />or on account of all claims, damages, losses, liabilities and expenses, direct,
<br />indirect or consequential including but not limited to fees and charges of
<br />engineers, architects, attorneys, consultants and other professionals and court
<br />costs arising out of or in consequence of the performance of this Agreement at all
<br />trial and appellate levels. Indemnification shall specifically include but not be
<br />limited to claims, damages, losses, liabilities and expenses arising out of or
<br />from (a) the negligent or defective design of the project and Work of this
<br />Agreement; (b) any act, omission or default of the CONTRACTOR, its
<br />Subcontractors, agents, servants or employees; (c) any and all bodily injuries,
<br />sickness, disease or death; (d) injury to or destruction of tangible property,
<br />including any resulting loss of use; (e) other such damages, liabilities, or losses
<br />received or sustained by any person or persons during or on account of any
<br />operations connected with the construction of this Project including the warranty
<br />period; (f) the use of any improper materials; (g) any construction defect including
<br />both patent and latent defects; (h) failure to timely complete the work;
<br />
<br />(i) The violation of any federal, state, county or CITY laws, ordinances or
<br />regulations by CONTRACTOR, its subcontractors, agents, servants, independent
<br />CONTRACTORs or employees; (j) the breach or alleged breach by CONTRACTOR of
<br />any term of the Agreement, including the breach or alleged breach of any warranty
<br />or guarantee.
<br />
<br />12.2.2 CONTRACTOR agrees to indemnify, defend, save and hold harmless the CITY, its
<br />officers, agents and employees, from all damages, liabilities, losses, claims,
<br />fines and fees, and from any and all suits and actions of every name and
<br />description that may be brought against CITY, its officers, agents and
<br />employees, on account of any claims, fees, royalties, or costs for any invention or
<br />patent and/or for the infringement of any and all copyrights or patent rights
<br />claimed by any person, firm, or corporation.
<br />
<br />12.2.3 CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any
<br />nature in connection with the foregoing indemnifications including, but not limited
<br />to, reasonable attorney’s fees and costs for trails and appeals.
<br />
<br />y Subcontractor, supplier, laborer, or materialmen of CONTRACTOR or any
<br />12.2.4 If an
<br />other person directly or indirectly acting for or through CONTRACTOR files or
<br />attempts to file a mechanic’s or construction lien against the real property on
<br />which the work is performed or any part or against any personal property or
<br />improvements thereon or make a claim against any monies due or to become due
<br />from the CITY to CONTRACTOR or from CONTRACTOR to a Subcontractor, for or on
<br />account of any work, labor, services, material, equipment, or other items furnished
<br />in connection with the Work or any change order, CONTRACTOR agrees to satisfy,
<br />remove, or discharge such lien or claim at its own expense by bond, payment, or
<br />otherwise within five (5) days of the filing or from receipt of written notice from the
<br />CITY.
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