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<br />Ci(l' of SUIIIIY Isles Beach
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<br />18070 Collins A venue, Sunny Islcs Ileach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced
<br />ethical standards,
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<br />9, WAIVER OF LIABILITY/INDEMNITY: The City shall not in any way be answerable or
<br />accountable for any violations of applicable laws or for any injury, loss or damage arising from the
<br />negligence or omission of Contractor or anyone of its employees, contraetors or agents, Contractor
<br />hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss,
<br />damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole
<br />or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its
<br />obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and
<br />destruction of property resulting from the performance or breach by Contractor. Contractor's
<br />indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance,
<br />Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's
<br />lien against City property,
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<br />10, ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the
<br />City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of
<br />substantially all assets or any similar transaction, Notwithstanding the foregoing, this Agreement is
<br />personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its
<br />obligations to City hereunder without first obtaining the City's consent in writing, Any such attempted
<br />assignment or delegation shall be deemed of no legal force and effect whatsoever.
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<br />11. TERM: Subject to the provisions relating to the termination of this Agreement as set forth
<br />hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end
<br />Twelve (12) months following the execution of this Agreement, upon the completion of Services
<br />described in Attachment "A", The term of this Agreement may be extended for an additional term at
<br />the option of the City, Payment will be made only for work completed to the satisfaction of the City,
<br />Contractor is to commence performance of work on the Commencement Date and continue in a
<br />diligent manner until work is complete, Contractor acknowledges that compliance with the
<br />commencement and completion schedule is the essence of this Agreement. The terms of Sections 8
<br />and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive
<br />termination of this Agreement.
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<br />12, 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
<br />violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such
<br />default. If the default remains uncured after ten (10) days the City may terminate this agreement
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<br />C0607.083 Marlin Engineering, Inc. Professional Engineering Services Agreement
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