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City VSaKny fTslesBeads 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax claims, losses, liabilities, expenditures, demands or causes of Action of any nature whatsoever resulting from injuries or damages sustained by any person or property, in the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from Clty, resist and defend such l counsel satisfactory to City. awsuit or proceeding by The provisions and obligations of this sooti this Agreement. To the extent considered on shall survive the expiration or earlier termination of necessary by City, any sum due Contractor under this Agreement may by retained by City until all of City's claims for indenmiAeation pursuant to this Agreement have been settled or otherwise resolved; and any amount.withheld shall not be subject to payment of interest by City, The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19, CO L AN('[i, LAVV Contractor shall comply with all laws, regulations and ordinances of any federal, state,•or 16081 governmental authority having Jurlsdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. WAggALX—JRroken, damaged or inoperable ts or d6cor that are in poor condition will not be accepted by the City. Replacement me t equ pmenmen� holiday t,holiday fights or d6cor must be replaced by the Contractor with the same, or similar type and size of, equipment, holiday lights or ddcor, as specified in the Contract Documents, within eight (8) hours of written notice by the City, 21. LMUIDATM. DAMAGIGts Upon failure of the Contractor to adhore to the provisions ofthe Agreement or to fail with respect to any of its duties provided for herein (an "offense, ), the Contractor shah pay the sums below to the City for each calendar day that an incident or condition continues unresolved. These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide the agreed upon level of service and the cost for the City to remedy the condition, City is authorized to deduct the liquidated damages Etat monies due to Contractor for the Work under this Contract. in case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shalt be liable and shalt immediately upon demand by City pay to City the amount of said excess. For a (first Offense, and upon written notice by the City of said deficiency, the Contractor shall correct the issue within eight (8) hours of receipt of notice. For a second Offense, and upon written notice by the City of said deficiency, the Contractor shall correct the issue within eight (8) hours of writing and the Conreceipt of notice. The offense will be documented In tractor's representative shall meet with the City to discuss the current and Past Offenses, At the time of the meeting the Contractor will be required to present a written corrective action plan to address the City's concerns and how Contractor plans to correct the deficiencies within forty-eight (48) hours of the meeting. The third Offense for the same deficiency shall result in liquidated damages of $200.00 for each deficiency that is not resolved within eight (8) hours. Ught'Qr up LLC 79