City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br /> (305) 947-0606 phone (305) 949-3113 Fax
<br /> guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
<br /> United States, any or part of this contract or to any benefit arising therefrom.
<br /> 18. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
<br /> the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br /> representatives, officers, directors, officials and employees from and against all claims, damages,
<br /> losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br /> appellate proceedings)relating to, arising out of or resulting from the Consultant's negligent acts,
<br /> errors, mistakes or omissions relating to professional services in the performance of this
<br /> Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
<br /> representatives, officers, directors, officials and employees shall arise in connection with any
<br /> claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br /> injury to impairment,or destruction of tangible property including loss of use resulting therefrom,
<br /> caused by any negligent acts, errors, mistakes or omissions related to professional services in the
<br /> performance of this Agreement including any person for whose acts,errors,mistakes or omissions
<br /> the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00)
<br /> represents specific consideration to the Consultant for the indemnification set forth in this
<br /> Agreement.
<br /> 19. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
<br /> ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br /> to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
<br /> licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br /> under this Agreement.
<br /> 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br /> supersede any other conflicting provisions that are contained in any other document, including
<br /> but not limited to Attachment "A". If there is a conflict or inconsistency between any term,
<br /> statement, requirement, or provision of any exhibit attached hereto, including but not limited to
<br /> Attachment "A", or any other document or events referred to herein, or otherwise incorporated
<br /> by reference, the term, statement, requirement, or provision contained in this Agreement shall
<br /> prevail and be given superior effect and priority
<br /> 21. MISCELLANEOUS.
<br /> A. In the event any provision of this Agreement is found to be void and unenforceable
<br /> by a court of competent jurisdiction, the remaining provisions of this Agreement shall
<br /> nevertheless be binding upon the parties with the same effect as though the void or unenforceable
<br /> provisions had been severed and deleted.
<br /> B. This Agreement may be executed in multiple identical counterparts, each of which
<br /> shall be deemed an original for all purposes.
<br /> C. 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.
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<br /> 0312-147 CGA.Inc.
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