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<br />City of Sunny Isles Beach
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<br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
<br />the Contractor pursuant to this agreement and related services to this agreement are intended and
<br />represented for the ownership of the City only. Any other use, by Contractor or other parties,
<br />shall be approved in writing by the City.
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<br />Contractor shall deliver to the City for approval and acceptance, and before being eligible
<br />for final payment or any amounts due, all documents and materials prepared by, and for, the City
<br />under this Agreement.
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<br />All oral and written information not in the public domain or not previously known, and
<br />all information and data obtained, developed or supplied by the City, or at its expense, will be
<br />kept confidential by the Contractor and will not be disclosed to any other party, directly or
<br />indirectly, without the City's prior written consent, unless required by a lawful order. All
<br />drawings, maps, sketches, programs, data base, reports and other data developed or purchased
<br />under this Agreement for, or at the City's expense, shall be and remain the City's property and
<br />may be reproduced and reused at the discretion of the City.
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<br />The City and Contractor shall comply with the provlSlons of Chapter 119, Florida
<br />Statutes (Public Records Law).
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<br />All covenants, agreements, representations and warranties made herein, or otherwise
<br />made in writing by any party pursuant hereto, including, but not limited to, any representations
<br />made herein relating to disclosure or ownership of documents, shall survive the execution and
<br />delivery of this Agreement and the consummation of the transactions contemplated hereby.
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<br />9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
<br />officers, agents, and employees from, and against any and all claims, actions, liabilities, losses
<br />and expenses including, but not limited to, attorney's fees for personal, economic or bodily
<br />injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
<br />may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct
<br />of the Contractor, agents or other personal entity acting under Contractor's control in connection
<br />with the Contractor's performance of services pursuant to that agreement and to that extent the
<br />Contractor shall pay such claims and losses and shall pay all such costs and judgments which
<br />may issue from any lawsuit arising from such claims and losses including wrongful termination
<br />or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees
<br />expended by the City in defense of such claims and losses including appeals. The parties agree
<br />that ten percent (10%) of the total compensation is a specific consideration from the City to the
<br />Contractor for this indemnity.
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<br />10. TERMINATION.
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<br />a. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a
<br />timely manner or otherwise violate any of the covenants, agreements or stipulations material to
<br />this agreement, the City shall have the right to terminate the services then remaining to be
<br />performed. Prior to the exercise of its option to terminate for cause, the City shall notify the
<br />Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10)
<br />Sidewalk and Curbs Contractor's Agreement -- Pios 4
<br />A:I Agreements
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