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IL
<br /> 11 . Entire Agreement
<br /> This Agreement embodies the entire agreement between the parties relative to the subject matter hereof,
<br /> and there is no oral or written agreements between the parties , nor any representations made by either party
<br /> relative to the subject matter hereof, which are not expressly set forth herein .
<br /> 12 . Governing Law & Jurisdiction :
<br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United States
<br /> pertaining to transactions in such state , and all actions arising out of this Agreement shall be brought in
<br /> Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for
<br /> the Southern District of Florida. All of the parties to this Agreement have participated freely in the
<br /> negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed
<br /> against any one of the parties hereto .
<br /> 13 . Insurance and Indemnification :
<br /> The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
<br /> selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
<br /> liability insurance with a reputable insurance company subject to approval by the COUNTY ' S risk
<br /> manager in an amount not less than $ 3 , 000 , 000 combined single limit for bodily injury and property
<br /> damage in accordance with the COUNTY ' S Administrative Policy Manual . The DEVELOPER shall
<br /> ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any
<br /> subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable
<br /> insurance company subject to approval by the COUNTY ' S risk manager in an amount not less than
<br /> $ 3 , 000 , 000 per occurrence combined single limit for bodily injury and property damage in accordance
<br /> with the COUNTY ' S Administrative Policy Manual . The commercial general liability and auto liability
<br /> insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an
<br /> additional insured. In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the
<br /> commencement of any work the selected contractor and any subcontractor provides to the COUNTY a
<br /> certificate of worker ' s compensation insurance with a limit of $ 100 , 000 for each accident, $ 500 , 000
<br /> disease (policy limit) and $ 100 ,000 disease (each employee) in accordance with the COUNTY ' S
<br /> Administrative Policy Manual . The DEVELOPER shall provide to the COUNTY at least thirty (30) days '
<br /> written notice by registered mail , return receipt requested, addressed to the COUNTY ' S risk manager,
<br /> prior to cancellation or modification of any required insurance .
<br /> The DEVELOPER hereby releases and holds harmless the COUNTY , and the COUNTY ' S officers ,
<br /> employees and agents , from and against any and all claims for damages , costs , third party claims ,
<br /> judgments , and expense to persons or property that may arise out of, or be occasioned by, any work
<br /> contemplated by this agreement, or from any act or omission of any representative , agent , client, and/or
<br /> employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims
<br /> and any judgments that maybe entered in connection therewith , including attorney fees . DEVELOPER
<br /> shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately
<br /> owned, may sustain or receive in connection with any work contemplated by this agreement.
<br /> DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for
<br /> damages that it may suffer by reason of the installation , construction , reconstruction, operation , and/or
<br /> maintenance of any public improvement, or utility, whether presently in place or which may in the future
<br /> be constructed or installed, including but not limited to , any water and/or sanitary sewer mains and/or
<br /> storm sewer facilities , and whether such damage is due to flooding , infiltration , backflow, and/or seepage
<br /> caused from the failure of any installation , natural causes , or from any other cause of whatsoever kind or
<br /> nature . It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition
<br /> of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever
<br /> that may be asserted against the COUNTY . DEVELOPER hereby agrees to defend any and all suits ,
<br /> claims, and causes of action brought against the COUNTY arising out of or in connection with any work
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<br /> A AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE UTILITIES COUNTY STANDARD DOC
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