Reso 2000-195 - Laserfiche WebLink

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by jury in respect to any action, proceeding, litigation or counterclaim based hereon, or arising out of, under, on or in connection with this agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party. 12. ATTORNEYS' FEES. Notwithstanding Paragraph 10 hereinabove, in the event of litigation between the parties relating to this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including attorneys' fees in all courts, from the non-prevailing party. 13. MODIFICATION. No Modification of this proposal shall be recognized unless in writing, signed by both parties. This proposal cannot be changed orally, regardless of custom or usage in the trade and under no circumstances can this clause be waivered or modified. This Agreement shall take precedence over all other contract documents. 14. ENVIRONMENTALLY HAZARDOUS MATERIALS. Unless expressly stated in contract, this proposal does not include an allowance for any potential removal, handling or identification of environmentally hazardous materials (including, but not limited to, asbestos, refrigerant, contaminated soil, mercury and PCBs) whether the City has knowledge of it or not. 15. INSURANCE. Consultant shall maintain workmen's compensation insurance as required by Florida low and shall furnish a copy of insurance certificate to the City. Additionally, the Consultant shall also maintain a general liability insurance in the amount of ONE MILLION ($1.000.000.00) DOLLARS. A certified copy of the Consultant's (or any sub-consultant's) insurance must be filed and approved with the City Manager prior to commencement. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City Manager. 16. INDEMNIFICATION. Wildcat agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Wildcat, agents or other personal entity acting under Wildcat's control in connection with the Wildcat's performance of services pursuant to that agreement and to that extent the Wildcat shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Wildcat for this indemnity. Demolition Contract! Altomey 3/General . 2/2/00 - 8:55 AM LMD:ch 4