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2004-302
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2004-302
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Last modified
11/14/2016 11:07:41 AM
Creation date
9/30/2015 8:27:20 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/07/2004
Control Number
2004-302
Agenda Item Number
7.I.
Entity Name
Fellsmere Frog Leg Festival Inc.
Subject
Contract, Lease and Addendum A to Lease
City of Fellsmere Resolution No.04-Q
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4748
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the policies, addressed to the City and the County, stating that ( 1 ) the <br /> general liability insurance policy is an It policy" ( 2 ) all <br /> insurance coverage 's required in this paragraph are included in the <br /> insurance policies issued and ( 3 ) that there are no claims pending that <br /> would reduce the amount of the insurance coverage being provided to <br /> the City and the County . <br /> 7 . INDEMNIFICATION : Except where a claim arises from the acts or omissions of <br /> the Cityor its employees, FFLF, Inc . shall indemnify, defend, and hold harmless <br /> the City ' and the County from and against any and all claims, demands, losses, <br /> liabilities, judgements and expenses of any nature whatsoever, including <br /> reasonable attorneys ' fees both at trial and appellate level and all costs of <br /> litigation , which may be asserted against or imposed upon the City or the <br /> County or the City's title to or interest in its property which may arise out of or <br /> be attributable to, directly or indirectly; ( a ) any act, whether negligent or <br /> wilifull or omission by FFLF, Inc . or any of its agents, personnel or vendors ( b ) <br /> injury or death of any person, including without limitation , the general public, <br /> or loss or damage to any property including property of the general public, ( c ) <br /> any failure by FFLF, Inc . to perform or comply with any of the covenants, <br /> agreements, terms, or conditions to be performed or complied with under this <br /> Contract or ( d ) claims made by the personnel of FFLF, Inc . or any of its <br /> contractors, vendors, etc against the City or the County. FFLF, Inc . waives its <br /> entitlement, if any, to immunity under Section 440 . 11 , Florida Statutes . <br /> Nothing ' contained herein shall be construed as a waiver of any immunity from, <br /> or limitation of, liability the City and the County may have under the Doctrine <br /> of Sovereign Immunity of Section 768 . 28 Florida Statutes . <br /> 8 . RESTO )ZATION OF SITE : FFLF, Inc . covenants that all City and County <br /> property and facilities used in connection with the Festival will be reasonably <br /> protected against damage and that following the Festival, FFLF, Inc . shall <br /> provide for all necessary clean - up , repair and restoration of such property to its <br /> condition prior to the event, so that such public property is in the same <br /> condition it was before the Festival . A joint inspection will be performed <br /> before and after the Festival to determine compliance with this Article . <br /> 9 . WAIVER The failure of the City or the County to take action with respect to <br /> any breach of any term, convenant or condition contained herein, or any <br /> instance of default hereunder by FFLF, Inc . , shall not be deemed to be a waiver <br /> by the City or the County of any other default or breach . <br /> 10 . LEGAL FEES AND COSTS : The party who prevails in any claim or action <br /> brought under this Contract shall be entitled to costs and expenses of such suit <br /> including reasonable attorneys ' fees, from the non - prevailing party . <br /> 4 <br />
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