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'4 bona fide employee employed by the PARTICIPANT . For breach or violation of this provision , the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 10 . With respect to any of the PARTICIPANT ' S agents , consultants , subconsultants , contractors , and/or sub -contractors , such party in any contract for this Project shall agree to indemnify, defend , save and hold harmless the DEPARTMENT from all claims , demands , liabilities , and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence , omission or commission of such agents , consultants , subconsultants , contractors and/or subcontractors . The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT . It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence . 11 . This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida . 12 . This document incorporates and includes all prior negotiations , correspondence , conversations , agreements , or understandings applicable to the matters contained herein , and the parties agree that there are no commitments , agreements or understandings concerning the subject matter of this agreement that are not contained in this document . Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written . It is further agreed that no modification , amendment , or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith . 13 . Any or all notices (except invoices ) given or required under this Agreement shall be in writing and either personally delivered with . receipt acknowledged or sent by certified mail , return receipt requested . All notices delivered shall be sent to the following addresses : If to the DEPARTMENT : Florida Department of Transportation - District Four 3400 West Commercial Blvd . Fort Lauderdale , Florida 33309-3421 Attn : Leos A. Kennedy, Jr. With a copy to : Betsy Jeffers A second copy to : District General Counsel If to the PARTICIPANT : Indian River County 1801 27th Street Vero Beach , Florida 32960 Attn : Jim Davis , P . E . With a copy to : Joseph Baird County Administrator With a second copy to : County Attorney 5 of 7