Reso 2008-1338 - Laserfiche WebLink

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Section 13. Indemnification. To the extent authorized by Florida law. the City hereby agrees to indemnify and hold harmless NtvlB to the exknt of all the limitations included with Section ~768.28, Florida Statutes, from any and all personal injury or property damage claims, liabilities, losses or causes of action \vhich may arise out oC because of or due to the negligence or breach of this Interlocal Agreement by the City, its officials. agents or employees. It is specifically understood and agreed that this indemnitication clause does not cover or indemnify NMB for its sole negligence or breach of this Interlocal Agreement, or for the sole negligence of any unrelated third party. To the extent authorized by Florida law. NMB hereby agrees to indemnify and hold harmless the City to the extent of all the limitations included with Section 9768.28. Florida Statutes, from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of. because of or due to the negligence or breach of this Interlocal Agreement by NMB. its officials, agents or employees. It is specitically understood and agreed that this indemnitication clause does not cover or indemnify the City for its sole negligence or breach of this InterIocal Agreement, or for the sole negligence of any unrelated third party. Section 14. Arbitration. It is the intention of the parties that whenever possible. if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures. rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County. Florida. All costs of arbitration and attorneys. fees incurred by the parties shall be paid by the non-prevailing party or. if neither party prevails on the \vhole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the COllrt on contirmation. Section 15. Entire Ae:reement. This document incorporates and includes all prior negotiations, correspondence. conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements. or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, \vhether oral or written. It is further agreed that no moditication, amendment or alteration in the terms contained herein shall be etfective unless set forth in writing in accordance with this section. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same formality as this Agreement and executed by both parties. Section 16. Notices. All notices and other communications required or permitted to be given under this Interlocal 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. tirst class postage prepaid, return receipt requested. (ii) by guaranteed overnight delivery by a nationally recognized courier service. or (iji) by facsimile with confirmation receipt (with a copy simultaneously sent Page ..t