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If to the City: Alan J. Cohen With a copy to: <br /> City Manager Hans Ottinot <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Avenue City of Sunny Isles Beach <br /> Fourth Floor 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160 Fourth Floor <br /> Tel: (305) 792-170 I Sunny Isles Beach, Florida <br /> 33160 <br /> Tel: (305) 792-1702 <br />If to the Contractor: Hamid Fouladi <br /> President <br /> Tenex Enterprises, Inc. <br /> 850 SW 14th Court <br /> Pompano Beach, Florida 33060 <br /> Tel: (954) 788-8100 <br /> <br />ARTICLE 29. INDEMNIFICATION <br /> <br />29.1 Contractor shall indemnify, defend and hold harmless the City, its officers, <br />agents, directors, and employees, from any and all claims, liabilities, damages, losses, <br />and costs, including, but not limited to reasonable attorney's fees, and costs to the extent <br />caused by the negligence, recklessness or intentional wrongful misconduct of Contractor <br />and/or persons employed or utilized by Contractor in the performance of this <br />Agreement, excluding damage or injury that is caused by the City, its officers, agents, <br />directors, or employees. These indemnifications shall survive the term of this <br />Agreement. In the event that any action or proceeding is brought against the City by <br />reason of any such claim or demand, Contractor shall, upon written notice from the City <br />or its designee, resist and defend such action or proceeding by counsel satisfactory to the <br />City. <br /> <br />29.2 The indemnification provided above shall obligate Contractor to defend at <br />its own expense to and through appellate, supplemental or bankruptcy proceeding, or <br />to provide for such defense, at City's option, any and all claims of liability and all suits <br />and actions of every name and description covered by this Article, which may be <br />brought against the City whether performed by Contractor, or persons employed or <br />utilized by Contractor. <br /> <br />29.3 This indemnity will survive the cancellation or expiration of this <br />Agreement. This indemnity will be interpreted under and construed to conform to the <br />laws of the State of Florida. <br /> <br />29.4 Contractor shall require all Sub-Contractor agreements to include a provision that <br />they will indemnify the City. <br /> <br />CONSTRUCTION SERVICE CONTRACT NO. CI 1 12-01 I <br /> <br />Page 1901'28 <br /> <br />r\ " 'oO, <br />',,' ~,l ~..J <br />0utJ <br />