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financial report which has been approved by the County Risk Manager. This <br />insurance shall extend coverage to loss of interest, earning, profit, use and business <br />interruption, cost of replacement power, and other special, indirect and consequential <br />damages. <br />C. Any deductibles or self insured retentions greater than $10,000 must be approved by the <br />Risk Manager for Indian River County with the ultimate responsibility for same going to the <br />DESIGNER. <br />D. DESIGNER'S insurance coverage shall be primary. <br />E. All above insurance policies shall be placed with insurers with a Best's rating of no less that <br />A. The insurer chosen shall also be licensed to do business in Florida. <br />F. The insurance policies procured shall be "Claims Made" policies or as generally available <br />on the open insurance market. <br />G. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to <br />the Indian River County Risk Management Department prior to the execution of this <br />Contract. <br />H. The insurance companies selected shall send written verification to the Indian River County <br />Risk Management Department that they will provide 30 days written notice to the Indian <br />River County Department of Risk Management of its intent to cancel or tenninate said <br />policies of insurance. <br />I. DESIGNER shall include all sub -contractors as insured under its policies or shall furnish <br />separate certificates and endorsements for each subcontractor. All coverages for sub- <br />contractors shall be subject to all of the requirements stated herein. <br />J. DESIGNER hereby agrees to indemnify Indian River County and Representatives thereof <br />from all claims arising solely from negligent acts, errors or omissions of the DESIGNER or <br />DESIGNER'S REPRESENTATIVES in the performance of Professional Services under <br />this agreement and for which DESIGNER is legally liable. <br />SECTION XIX - ENTIRETY OF CONTRACT <br />A. This writing embodies the entire Agreement and understanding between the parties <br />hereto, and there are no other agreements and understandings, oral or written, with reference <br />to the subject matter hereof that are not merged herein and superseded hereby. <br />B. No alteration, change, or modification of the terms of this Agreement shall be valid <br />unless made in writing and signed by both parties hereto. <br />C. This Agreement, regardless of where executed, shall be governed by and construed <br />in accordance with the laws of the State of Florida. <br />1921 <br />