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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br /> (305) 947-0606 phone(305) 949-3113 Fax
<br /> person having any such interest shall knowingly be employed by the Consultant. The Consultant
<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 /> 14. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
<br /> by law,the Consultant 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 r,,uh.aoiu..n1 negligence,two, a, e,ni3a;vrf of the Consultant or persons employed or utilized
<br /> by the Consultant in performance of Services under this Agreement.
<br /> Consultant 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 au), and all causes of action, demands,claims,
<br /> losses, liabilities and expenditures t,f ar.y kind, including attorney fees, court costs, and expenses,
<br /> caused or alleged to be caused by the intentientd-er negligent act of,.,rd,,.:a,iu„ a Consultant,
<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, k..f ..,al 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 /> Consultant shall, upon written notice froth City, resist and defend such lawsuit or proceeding by
<br /> .All references to damage,,unless specifically stated otherwise,in Section 4 shall be in erpreted
<br /> counsel satisfactory to City.as'diredl damages:Neither party shall be liable for,and each party expressly waives and
<br /> releases the other party from,and against,any and all consequential,indirect,punitive,or special
<br /> dama
<br /> The provisions and obligations ofihis section shall survive the expiration or earlier termination of
<br /> this Agreement. To the extent considered necessary by City, any sum due Consultant 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 Consultant for the indemnification set forth in this Agreement.
<br /> 15. COMPLIANCE WITH LAW. Consultant 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 /> 16. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any
<br /> term, statement,requirement, or provision of any exhibit attached hereto,any document or events
<br /> referred to herein, or any document incorporated herein by reference, and a term, statement,
<br /> requirement or provision of this Agreement, the terms and conditions in this Agreement shall •
<br /> supersede and take priority over any other conflicting provisions that are contained in any other
<br /> document,including but not limited to Attachment"A".
<br /> C1415-065 WITT O'BRIEN'S LLC 6
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