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D . All above insurance policies shall be placed with insurers with a Best' s rating of <br /> no less than A VII . The insurer chosen shall also be licensed to do business in <br /> Florida. <br /> E . The insurance policies procured, other than professional liability, shall be <br /> occurrence forms , not claims made policies . Professional liability shall be on a <br /> claims made basis . <br /> F . The insurance companies chosen shall provide certificates of insurance prior to <br /> signing of contracts to the Indian River County Risk Management Department . <br /> G . The insurance companies selected shall send written verification to the Indian <br /> River County Risk Management Department that they will provide 30 days <br /> written notice to the Indian River County Department of Risk Management of its <br /> intent to cancel or terminate said policies of insurance . <br /> H . ENGINEER shall either include each subconsultants as insured under its policies <br /> or shall furnish separate certificates and endorsements for each subconsultant. All <br /> coverages for subconsultants shall be subject to all of the requirements stated <br /> herein . <br /> I . Notwithstanding the provisions of s . 725 . 06 , if a design professional provides <br /> professional services to or for a public agency, the agency may require in a <br /> professional services contract with the design professional that the design <br /> professional indemnify and hold harmless the agency, and its officers and <br /> employees, from liabilities , damages , losses , and costs , including , but not limited <br /> to , reasonable attorneys ' fees , to the extent caused by the negligence, <br /> recklessness , or intentionally wrongful conduct of the design professional and <br /> other persons employed or utilized by the design professional in the performance <br /> of the contract . <br /> J . ENGINEER agrees to indemnify, defend and save COUNTY , officers and <br /> employees harmless from and against any and all losses , claims , demands , <br /> liabilities , suits or actions (including expenses and attorney ' s fees) which may be <br /> asserted or arise against COUNTY in favor of any person or persons including the <br /> employees of each party hereto , for any injuries (including death) and any loss of <br /> or damage to the Project of any person or persons (including existing property of <br /> the COUNTY) caused be or arising out of any occurrence in any manner <br /> connected with the ENGINEER ' S performance of the Agreement , except when <br /> due to the gross negligence or willful or wanton misconduct of the COUNTY . To <br /> the extent allowed by law ,the COUNTY agrees to indemnify and the ENGINEER <br /> harmless from any and all claims , causes of action, arising out of the work of the <br /> ENGINEER arising out of the work performed or to be performed by the party <br /> with whom the ENGINEER is contracting hereunder, or any other concerning <br /> parties ' agents , affiliates , subsidiaries , or assigns , excepting only such actions , <br /> claims or lawsuits arising out of the gross negligence of the ENGINEER, its <br /> affiliates , subsidiaries , officers and employees . <br /> C :ADocuments and Settings\bowlesa0I \ Local Settings\Temporary Internet Files\0LKF8\Quai1 Creek FOR Agreement (2) .doc <br /> 6 <br />