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<br />City of Sunny Isles Beach
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<br />18070 Collins A venue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-31 13 Fax
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<br />8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
<br />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 shall be
<br />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 for
<br />final payment or any amounts due, all documents and materials prepared by, and for, the City under
<br />this Agreement.
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<br />All oral and written information not in the public domain or not previously known, and all
<br />information and data obtained, developed or supplied by the City, or at its expense, will be kept
<br />confidential by the Contractor and will not be disclosed to any other party, directly or indirectly,
<br />without the City's prior written consent, unless required by a lawful order. All drawings, maps,
<br />sketches, programs, data base, reports and other data developed or purchased under this Agreement
<br />for, or at the City's expense, shall be and remain the City's property and may be reproduced and
<br />reused at the discretion of the City.
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<br />The City and Contractor shall comply with the provisions of Chapter I 19, Florida Statutes
<br />(Public Records Law).
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<br />All covenants, agreements, representations and warranties made herein, or otherwise made in
<br />writing by any party pursuant hereto, including, but not limited to, any representations made herein
<br />relating to disclosure or ownership of documents, shall survive the execution and delivery of this
<br />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 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 alleged
<br />to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor,
<br />agents or other personal entity acting under Contractor's control in connection with the Contractor's
<br />performance of services pursuant to that agreement and to that extent the Contractor shall pay such
<br />claims and losses and shall pay all such costs and judgments which may issue from any lawsuit
<br />arising from such claims and losses including wrongful termination or allegations of discrimination
<br />or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such
<br />claims and losses including appeals. The parties agree that ten percent (lO%) of the total
<br />compensation is a specific consideration from the City to the 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 this
<br />agreement, the City shall have the right to terminate the services then remaining to be performed.
<br />Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its
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<br />C0506-011 Asphalt & Sealcoating Agrmt
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