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<br />t . <br /> <br />/-~ <br /> <br />Rep Services, Inc. <br />November 13,2003 <br />Page 2 of3 <br /> <br />D. Contractor shall not pledge the City's credit or make it a guarantor of payment or <br />surety for any contract, debt, obligation, judgment, lien, or any form of <br />indebtedness. The Contractor further warrants and represents that it has no <br />obligation or indebtedness that would impair its ability to fulfill the terms of this <br />Agreement. <br /> <br />4. Availability of Funds. The obligations of The City of Sunny Isles Beach under this <br />Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State <br />of Florida and the City Commission. <br /> <br />/~ <br />0- <br /> <br />5. Indemnification. Contractor agrees to indemnify and hold harmless, the City, its officers, <br />agents, and employees from, and against any and all claims, actions, liabilities, losses and <br />expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, <br />wrongful death, loss of or damage to property, at law or in equity, which may arise or may be <br />alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the <br />Contractor, agents or other personal entity acting under Contractor's control in connection with <br />the Contractor's performance of services pursuant to that Contract 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. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement In <br />duplicate on the day and year first written above. <br /> <br />REP SERVICES INC. <br /> <br />WITNESS: <br /> <br />~K~ <br />Print N e: -r er r . L:c....J...+t n ~ <br /> <br />~~; Cl+r/( <br /> <br /> <br />t( <br /> <br />President <br />ype Name: -:J"'o hM T. At..,. cjIJJl:- <br />