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VIII . MOBILEHWY hereby agrees to indemnify Indian River County and Representatives <br /> thereof from all claims arising solely from intentional , reckless or negligent acts , errors or <br /> omissions of the MOBILEHWY or MOBILEHWYS ' Representatives in the performance of <br /> services under this agreement and for which MOBILEHWY is legally liable . <br /> 10 . Insurance Requirements for Owner. <br /> MOBILEHWY acknowledges that the County is a political subdivision of the State of Florida and <br /> as such , is entitled to certain protection from liability under Florida law. To the extent allowed by <br /> law, the County hereby agrees to indemnify MOBILEHWY from claims arising from the negligent <br /> acts , errors or omissions of the County in the performance of the services under this agreement <br /> and for which County is legally liable. Additionally , the County hereby states that it is adequately <br /> insured against loss whether through self insurance or excess coverage . <br /> 11 . Independent Contractor. <br /> It is agreed by the parties that, at all times and for all purposes within the scope of this <br /> Agreement, the relationship of MOBILEHWY to the County is that of independent contractor, and <br /> not that of employee . No statement contained in this Agreement shall be construed to define <br /> MOBILEHWY or any of its employees as an agency or employee of the County , MOBILEHWY <br /> shall not be entitled to any of the rights , privileges or benefits of Indian River County agencies or <br /> employees . <br /> IN WITNESS WHEREOF the COUNTY and MobileHWY has caused these presents to be executed in <br /> their names , the day and year first above written . <br /> MOBILEHWY LLC , BOARD OF COUNTY COMMISSIONERS <br /> A NORTH CAROLINA LIMITED LIABILITY INDIAN RIVER COUNTY , FLORIDA <br /> CORPORATION <br /> ( printed ame)C OQ a <br /> KTitle tue� <br /> BY <br /> Jos h A. B r , County Administrat r <br /> WITNESS : <br /> Indian Rivcr count Approved Date <br /> APPROVED OR Administration 0 <br /> AND EG NC <br /> Budget I (� <br /> BY Co. At . <br /> ILLIA K . DE RAAL <br /> ASSISTANT COUNTY ATTORNEY Risk lVL1na emenl <br /> a <br /> Page 4 of 4 <br />