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<br />City of SUIlIlY Isles Beacll <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />endorsed for eontractualliability, with the City named as additional insured. All policies <br />shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms <br />and issued by insurance companies acceptable to the City's Risk Management Department. All <br />insurance policies and certificates of insurance shall provide that the policies may not be <br />canceled or altered without thirty (30) days prior written notice to the City. The City reserves the <br />right from time to time to change the insurance coverage and limits of liability required to be <br />maintained by Contractor hereunder. <br /> <br />Contractor shall also require and ensure that each of its subcontractors providing Services <br />hereunder (if any) procures and maintains, until the completion of the Services, insurance of the <br />types and to the limits specified herein. <br /> <br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS <br />SECTION MUST BE APPROVED IN WRITING BY THE CITY. <br /> <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 <br />and 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. <br /> <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. <br /> <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. <br /> <br />The City and Contractor shall comply with the provlSlons of Chapter 119, Florida <br />Statutes (Public Records Law). <br /> <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. <br /> <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 this Agrecment and to that extent the <br /> <br />0607-023 Kool Playground Swings & Surfacing Agrmt <br /> <br />Page 4 <br />