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ARTICLE VIII — INDEMNIFICATION <br /> 8 . 1 DEVELOPER, in accordance with Section 768 . 28 , Florida Statutes, agrees to be fully <br /> responsible for its negligent acts or omissions or intentional tortious acts which result in <br /> claims or lawsuits against COUNTY, and agrees to be liable for any damages <br /> proximately caused by said acts or omissions. Nothing herein is intended to serve as a <br /> waiver of sovereign immunity by any Developer to which sovereign immunity applies . <br /> Nothing herein shall be construed as consent by Indian River County, a state agency or a <br /> subdivision of the State of Florida to be sued by third parties in any matter arising out of <br /> any contract. <br /> 8 .2 Unless DEVELOPER is a State agency or subdivision, as defined in Section 768 .28 , Fla. <br /> Stat. , DEVELOPER is solely responsible to parties it deals with in carrying out the terms <br /> of this Agreement, and shall hold DEPARTMENT and COUNTY harmless against all <br /> claims of whatever nature by third parties arising from the work performance under this <br /> Agreement. For purposes of this Agreement, DEVELOPER agrees that it is not an <br /> employee or agent of DEPARTMENT and/or COUNTY, but is an independent <br /> contractor. <br /> ARTICLE IX — PROCEDURES FOR INVOICING AND PAYMENT <br /> 9 . 1 DEVELOPER shall invoice COUNTY on the following basis : <br /> DEVELOPER shall provide COUNTY with an executed original of any contracts , <br /> documents or subcontracts authorizing the work to be done on the project(s). <br /> 1 . If applicable, a request to subcontract work or services hereunder shall be <br /> submitted in writing and shall be subject to each provision of this Agreement and <br /> any contract shall be in accordance with County, State, and Federal guidelines and <br /> regulations . A list of all subcontractors shall be provided to COUNTY . This in <br /> no way relieves DEVELOPER from any other requirements of this Agreement. <br /> Reimbursement requests shall include the certification included in Appendix I, <br /> Invoice Sheet, in the absence of canceled checks for verification. <br /> 2 . None of the work or services, including but not limited to, the purchase of <br /> housing units and/or the rehabilitation work activities covered by this Agreement, <br /> shall be subcontracted or reimbursed without the prior written notice to <br /> COUNTY . <br /> 3 . All purchase of housing units and rehabilitation work activities shall be made by <br /> purchase order or by a written contract in conformity and in full compliance with <br /> the procedures prescribed by 24 CFR 85 . 36 — Common Rule "Procurement <br /> Standards", and included in 24 CFR 84 .4047 . <br /> a. DEVELOPER shall provide COUNTY with project budget information, <br /> including, but not limited to, pro forma and cash flow information for each <br /> housing unit acquired. <br /> 12 <br />