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PATENT INDEMNITY
<br />To the fullest extent permitted by law, the Contractor (or Consultant) shall indemnify, hold harmless and
<br />defend the City, its agents, servants, and employees, or any of them, from and against all claims,
<br />damages, losses, and expenses including, but not limited to, attorneys' fees and other legal costs such as
<br />those for paralegal, investigative, and legal support services, and the actual cost incurred for expert
<br />witness testimony, arising out of or resulting from the performance of services required under this
<br />Agreement, provided that same is caused in whole or part by the error, omission, negligent act, conduct,
<br />or misconduct of the Contractor, its agents, servants, employees, or subcontractors. hl accordance with
<br />Section 725.06, Florida Statutes, adequate consideration has been provided to the Contractor for this
<br />obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein
<br />shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28,
<br />Florida Statutes. In claims against any person or entity indemnified under this section by an employee of
<br />Contractor or its agents or subcontractors, anyone directly or indirectly employed by them or anyone for
<br />whose acts they may be liable, the indemnification obligation under this Subsection shall not be limited
<br />by a limitation on amount or type of damages, compensation or benefits payable by or for Contractor or
<br />its agents or subcontractors, under Workers' Compensation acts, disability benefits acts, or other
<br />employee benefit acts.
<br />ACCIDENTS & CLAIMS
<br />The successful Contractor shall be held responsible for all accidents and shall indemnify, hold harmless,
<br />and protect the City from all suits, claims and actions brought against the City or its officials,
<br />representatives, agents, officers, and employees, and all costs, damages, or liabilities to which the City or
<br />its officials, representatives, agents, officers, and employees may be put or exposed, for any injury or
<br />alleged injury to the person(s) or property(s) of another resulting from negligence or carelessness in the
<br />performance of the work, or in protection of the project site, or from any improper or inferior
<br />workmanship, or from inferior materials used in the work, or otherwise related to the project. The
<br />Contractor is to restore and/or repair, at the Contractor's cost, all damaged infrastructure back to its pre-
<br />existing condition if the damage was caused by the Contractor or Subcontractors.
<br />LAWS & REGULATIONS
<br />The successful Contractor at all times shall be familiar with and observe and comply with all Federal,
<br />State, Local, and Municipal laws, codes, ordinances, rules and regulations which in any manner may
<br />apply and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over
<br />the work and shall indemnify and save harmless the City of Casselberry against any claims or liability
<br />arising from, or based on, the violation of any such law, ordinance, rule, code, regulation, order, patent
<br />infringements or decrees.
<br />The successful Contractor is assumed to have made himself/herself/itself familiar with all Federal, State,
<br />Local, and Municipal laws, codes, ordinances, rules, and regulations which in any manner affect those
<br />engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way
<br />affect the work. No plea of misunderstanding will be considered an excuse for the ignorance thereof.
<br />In the event any situation is brought to mediation or a court of law, the venue shall be the County of
<br />Seminole, in the State of Florida, where all laws, regulations, ordinances, codes, and rules shall be used in
<br />the adjudication.
<br />II
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