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2008-396
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2008-396
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Last modified
4/20/2016 9:30:48 AM
Creation date
10/1/2015 1:09:13 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/02/2008
Control Number
2008-396
Agenda Item Number
8.T.
Entity Name
Universal Engineering Sciences Inc.
Subject
Services Agreement Public Works
Supplemental fields
SmeadsoftID
8193
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the insurance company will provide 30 days notice to the Risk <br /> Management Department , of its intent to modify or cancel said policies of <br /> insurance . Such notice shall be in writing by registered mail , return receipt <br /> requested , and addressed to the Risk Manager of the Risk Management <br /> Department , <br /> 8 . The GEOTECHNICAL PROFESSIONAL shall include all sub -contractors <br /> as insured under its policies or shall furnish separate certificates and <br /> endorsements for each subcontractor . All coverages for subcontractors <br /> shall be subject to all of the requirements stated herein . <br /> 9 . Any deductibles or self- insured retentions greater than $ 5 , 000 must be <br /> approved by the Risk Manager for Indian River County with the ultimate <br /> responsibility for same going to the GEOTECHNICAL PROFESSIONAL . <br /> SECTION XIX - INDEMNIFICATION <br /> GEOTECHNICAL PROFESSIONAL hereby agrees to indemnify , and hold <br /> harmless , the COUNTY , and the COUNTY' s officers , employees and agents , from and <br /> against any and all claims from liabilities , damages , losses , costs , third party claims , <br /> judgments , and expense to persons or property , including reasonable attorneys ' fees , to <br /> the extent caused by the negligence , recklessness , or intentionally wrongful conduct of <br /> GEOTECHNICAL PROFESSIONAL , or of GEOTECHNICAL PROFESSIONAL' s <br /> officers , employees , or agents , and GEOTECHNICAL PROFESSIONAL shall indemnify <br /> the COUNTY against any such claims and any judgments that may be entered in <br /> connection therewith , including reasonable attorneys ' fees . <br /> SECTION XX — SAFETY <br /> The GEOTECHNICAL PROFESSIONAL is solely responsible for any job site <br /> safety . However, in accordance with generally accepted practices , the <br /> GEOTECHNICAL PROFESSIONAL may report any observed job site safety violations <br /> by others to the COUNTY . <br /> SECTION XXI — CHOICE OF LAW AND VENUE <br /> This Agreement shall be governed by the laws of the State of Florida . Venue for any <br /> lawsuit brought by either party against the other party or otherwise arising out of this <br /> Contract shall be in Indian River County , Florida , or in the event of a federal jurisdiction , in <br /> the United States District Court for the Southern District of Florida . <br /> SECTION XXII — ENTIRETY OF AGREEMENT <br /> This writing embodies the entire Agreement and understanding between the <br /> parties hereto , and there are no other Agreements and understandings , oral or written , <br /> with reference to the subject matter hereof that are not merged herein and superseded <br /> hereby . No alteration , change , or modification of the terms of this Agreement shall be <br /> valid unless made in writing and signed by both parties hereto . <br /> SECTION XXIII - SEVERABILITY <br /> If any provision , section , or paragraph of this agreement is determined by a court <br /> of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not <br /> found to be void , illegal , or unenforceable , shall remain in full force and effect . <br /> F \Engineering\Capital Projects\Annual Geotechnical Services Contract\2008 RFQ\2008071 RFQ AGREEMENT-Universal Engineering Sciences, Inc. . doc <br />
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