Laserfiche WebLink
<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly <br />incorporated herein by reference, contain the entire agreement of the parties, and may be <br />amended, waived, changed, modified, extended or rescinded only by a writing signed by the <br />party against whom any such amendment, waiver, change, modification, extension and/or <br />rescission is sought. <br /> <br />19. INDEMNIFICATION. 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 <br />the negligence or omission of Consultant or anyone of its employees, Consultants or agents. <br />Consultant hereby agrees to indemnify, defend and hold harmless the City from and against any <br />claim, loss, damage, liability, cost or expense, including attorneys' fees arising out of (i) the <br />performance or breach by the Consultant of its obligations under this Agreement, or (ii) any <br />personal or bodily injury, including death, to any person and destruction of property resulting <br />from the performance or breach by Consultant. Consultant's indemnity obligation shall extend <br />up to but shall not exceed the higher limits of that insurance. Consultant hereby irrevocably <br />waives any right and agrees not to file any mechanic's or materialman's lien against City <br />property. <br /> <br />20. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are <br />discovered during the performance of this Agreement, the City shall have the right to cancel this <br />Agreement upon ten days (10) days written notice to Consultant. <br /> <br />21. MISCELLANEOUS: <br /> <br />A. In the event any proVISIOn of this Agreement is found to be void and <br />unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement <br />shall nevertheless be binding upon the parties with the same effect as though the void or <br />unenforceable provisions had been severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of <br />which shall be deemed an original for all purposes. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with <br />respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral <br />and written negotiations, commitments, agreements and understandings relating hereto. <br /> <br />D. Any modification of this Agreement shall be effective only if in writing and <br />signed by the parties to this Agreement. <br /> <br />E. No waiver of any provision of this Agreement shall be valid or enforceable unless <br />such waiver is in writing and signed by the party granting such waiver. <br /> <br />7 <br /> <br />C0708-014 KEITH & SCHNARS, P,A. AGREEMENT <br />