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to CITY or whomsoever resulting out of fraud, defalcation, dishonesty, <br />or failure of CITY to comply with applicable laws, rules, or <br />regulations; or by reason or as a result of any act or omission of <br />CITY in the performance of this Agreement or any part thereof; or by <br />reason of a judgment over and above the limits provided by the <br />insurance required hereunder; or by any defect in the construction of <br />the Project; or as may otherwise result in any way or instance <br />whatsoever. <br />(b) In the event that any action, suit, or proceeding is <br />brought against COUNTY upon any alleged liability arising out of this <br />Agreement, or any other matter relating to this Agreement, COUNTY <br />shall provide notice in writing thereof to CITY by registered or <br />certified mail addressed to CITY at its address herein provided. Upon <br />receiving notice, CITY, at its ,ow~`~,expense, shall diligently defend <br />~v~~~~ <br />against the action, suit, or proceeding and take all action necessary <br />or proper therein to prevent the obtaining of a judgment against <br />COUNTY. <br />Section 13. Insurance. CITY shall carry and maintain in full <br />force and effect throughout the term of this Agreement, either <br />liability insurance or a liability self-insurance program to, at a <br />minimum, the limit of liability set forth in Section 768.28, Florida <br />Statutes, as may from time to time be amended. <br />Section 14. Assignments. Neither party shall assign this <br />Agreement, nor any interest herein, without the prior written consent <br />of the other party. <br />Boating Improvement Funds for Channel & Boat Ramp <br />North Triplet Lake/Middle Triplet Lake/South Triplet Lake <br />Page 7 of 10 <br />