Reso 2007-1062 - Laserfiche WebLink

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Ci(,. of SIll/II)' Isles Belldl 18070 Collins A venue. Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. WAIVER OF LIABILITY/INDEMNITY:The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and dcstruction of property resulting from the performance or breach by Contractor. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or matcrialman's lien against City property. II. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 12. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end Sixty days (60) days following the execution of this Agreement, upon the completion of Services described in Attachment "A". The term of this Agreement may be extended for an additional term at the option of the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 9 and 10 entitled "Compliance with Law" and "Waiver of Liabilityllndemnity," respectively, shall survive termination of this Agreement. 13. TERMINATION: The City shall have the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days notice to the Contractor. 14. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such pm1y as follows: C00607.030 Diesel Pump Agreement with Front Line Environmental, Inc. 4 S\B