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8 . To the extent of the insurance benefits under the insurance policies required by this <br /> Article, or for any loss, damage or expense falling within the deductible portion of <br /> Consulting Engineer' s Professional Liability Insurance described in Paragraph 4 hereof, <br /> whether indemnity payment, defense costs, or otherwise, the CONSULTING <br /> ENGINEERS shall save the COUNTY harmless from and against all costs and losses , <br /> and all claims , demands, suits, actions , payments and judgments arising from personal <br /> injuries or otherwise, brought or recovered against the COUNTY arising out of any <br /> negligent error, or omission of the CONSULTING ENGINEERS , its agents , servants or <br /> employees , in execution or guarding of the work, including any and all expense, legal or <br /> otherwise, incurred by the COUNTY or its representatives in the defense of any claim or <br /> suite . <br /> SECTION IX - OWNERSHIP OF DOCUMENTS <br /> All plans , specifications, calculations and other work products paid for under this contract <br /> shall be the property of the COUNTY and shall be delivered to the COUNTY at its direction . <br /> The COUNTY shall have the right to re-use drawings of the structural details in a manner <br /> consistent with law and the State of Florida Department of Professional Regulation rules . The <br /> COUNTY shall indemnify and hold harmless the CONSULTING ENGINEERS from all claims , <br /> damages , losses, and expenses , including attorney' s fees , arising out of, or resulting from any <br /> such re-use . <br /> SECTION X - CERTIFICATION AGAINST CONTINGENT FEES <br /> The CONSULTING ENGINEERS warrants that he has not employed or retained any <br /> company or person, other than a bona fide employee working solely for the CONSULTING <br /> ENGINEERS to solicit or secure this agreement and that he has not paid or agreed to pay any <br /> person, company, corporation, individual, or firm, other than a bona fide employee working <br /> solely for the CONSULTING ENGINEERS any fee, commission, percentage, gift, or other <br /> consideration contingent upon or resulting from the award or making of this agreement . <br /> SECTION XI - PUBLIC ACCESS <br /> The COUNTY may unilaterally cancel the contract for refusal by the CONSULTING <br /> ENGINEERS to allow public access to all documents , papers, letters , or other material subject to <br /> the provisions of Chapter 119, Florida Statutes , and made or received by the CONSULTING <br /> ENGINEERS in conjunction with the contract . <br /> SECTION XII - SEVERABILITY <br /> If any portions of this Agreement shall be held invalid or unenforceable, such invalidity <br /> or unenforceability shall not affect any other provisions hereof, and this Agreement shall be <br /> construed and enforced as if such provisions had not been included. <br /> F :\Engineering\Capital Projects\0399 North County Regional Park, Phase I1\0399 AGR Carter-Water and Wastewater-05- 11 -04-cjk.doc <br /> 5 <br />