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<br />- <br /> <br />8. This Agreement may be terminated by either party hereto, without cause, by providing the other party <br />written notice thereof by certified mail, return receipt requested, or hand delivery, to be effective <br />forty-five (45) days from receipt of said written notice. <br />9. Both parties represent and warrant that they, their agents, staff, and consultants employed by them are <br />protected by worker's compensation insurance and that each party has such coverage under public <br />liability and property damage insurance policies which both parties deem to be adequate and in line <br />with other municipalities currently practicing under similar conditions. Certificates for all such <br />policies of insurance shall be provided to the requesting party upon such request in writing. <br />10. The parties agree that by execution of this Agreement, no party will be deemed to have waived its <br />statutory defense of sovereign immunity, or increased its limits of liability as set forth in section <br />768.28, Florida Statutes. Subject to the provisions of Section 768.28, Florida Statutes, the City of <br />Sunny Isles Beach shall indemnifY and hold harmless the Town of Surfs ide, its officials and <br />employees from and against any and all claims, suits, actions, damages or causes of action arising <br />from damage or injury to persons or property, including costs, attorney's fees, expenses and liabilities <br />incurred in the defense of any such claims and the investigation thereof, solely arising from the <br />negligence or alleged negligence of the City of Sunny Isles Beach, including any of its employees, <br />agents, or officials in connection with this Memorandum of Understanding. <br /> <br />Subject to the provisions of Section 768.28, Florida Statutes, the Town of Surfside shall indemnifY <br />and hold harmless the City of Sunny Isles Beach, its officials and employees from and against any <br />and all claims, suits, actions, damages or causes of action arising from damage or injury to persons or <br />property, including costs, attorney's fees, expenses and liabilities incurred in the defense of any such <br />claims and the investigation thereof, solely arising from the negligence or alleged negligence of the <br />Town of Surfs ide, including any of its employees, agents, or officials in connection with this <br />Memorandum of Understanding. <br />I I. This Agreement, regardless of where executed, shall be governed by and construed according to the <br />laws ofthe State of Florida. The venue for any litigation arising out of this Agreement shall be <br />Miami-Dade County, Florida. The parties hereto acknowledge and agree, for adequate and valuable <br />~ \ ^_ consideration that they waive their right to trial by jury in any litigation that may arise out ofoftfly" <br />~ eeRtro\'elf3) dial pelt""d;II~ this Agreement. <br /> <br />Execution of Memorandum of Understanding <br /> <br />The City of Sunny Isles Beach and the Town of Surfside agree to fulfill their roles and responsibilities as <br />outlined in this Memorandum of Understanding. <br /> <br />City of sun~eaCh City Manager <br /> <br />--&~ <br /> <br />Town of Surfside Town Manager <br /> <br />t 0/;2)/11 <br /> <br />Date . . <br /> <br />~\~O ~I <br /> <br />APPROVED AS TO FORM <br />,AND LEGf.\L SUFFICIENCY <br /> <br />""-''''''14 "A /\ ~.e <br />HANSOTTINO~CITYATTO y <br />