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9- 16-2003 5 : 'I 3PM FROM INDIAN R I `vER COUNTY 7727789391 P , g 3 . SURVEYOR' s insurance coverage shall be primary . 4 . All above insurance policies shall be placed with insurers with a Best' s rating of no less that A411 . The insurer chosen shall also be licensed to do business in Florida . 5 . The insurance policies procured , other than professional liability , shall be occurrence forms , not claims made policies . Professional liability shall be on a claims- made basis . 6 . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts , to the Indian River County Risk Management Department . 7 . Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk. Management Department , of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail , return receipt requested , and addressed to the Risk Manager of the Risk Management Department , 8 . The SURVEYOR shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein . 9 . Any deductibles or self- insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless , the COUNTY, and the COUNTY ' s officers , employees and agents , from and against any and all claims from liabilities , damages , losses , costs , third party claims , judgments , and expense to persons or property, including reasonable attorneys ' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of SURVEYOR , or of SURVEYOR' s officers , employees , or agents , and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith , including reasonable attorneys' fees . SECTION XX — SAFETY The Surveyor is solely responsible for any job site safety . However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY . SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County , Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . 7 F \Engin"rm&\Capital Prajccts10390-Arnnual SuP✓ey Contracts 2003 - 200410390 AGREEMENT --. Morgan Eklund . Irac. .doc