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c) Maintenance Bond
<br /> d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14.0 or higher)
<br /> 11 . Entire Agreement
<br /> This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and
<br /> there is no oral or written agreements between the parties, nor any representations made by either party relative
<br /> 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 Indian
<br /> River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern
<br /> District of Florida All of the parties to this Agreement have participated freely in the negotiation and
<br /> preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the
<br /> 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 liability
<br /> insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an
<br /> amount not less than $3,000,000 combined single limit for bodily injury and property damage in accordance
<br /> with the COUNTY' S Administrative Policy Manual. The DEVELOPER shall ensure that, at least ten ( 10)
<br /> days prior to the commencement of any work the selected contractor and any subcontractor provides to the
<br /> COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to
<br /> approval by the COUNTY' S risk manager in an amount not less than $3 ,000,000 per occurrence combined
<br /> single limit for bodily injury and property damage in accordance with the COUNTY' S Administrative Policy
<br /> Manual. The commercial general liability and auto liability insurance policies shall name Indian River County,
<br /> a political subdivision of the State of Florida, as an additional insured. In addition, 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 worker's compensation insurance with a limit of
<br /> $ 100,000 for each accident, $500,000 disease (policy limit) and $ 100,000 disease (each employee) in
<br /> accordance with the COUNTY' S Administrative Policy Manual. The DEVELOPER shall provide to the
<br /> COUNTY at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to the
<br /> COUNTY'S risk manager, 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, judgments,
<br /> and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this
<br /> agreement, or from any act or omission of any representative, agent, client, and/or employee of DEVELOPER,
<br /> and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be
<br /> entered in connection therewith, including attorney fees. DEVELOPER shall indemnify the COUNTY against
<br /> any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in
<br /> connection with any work contemplated by this agreement. DEVELOPER shall not make any claim of any
<br /> kind or character whatsoever against the COUNTY for damages that it may suffer by reason of the installation,
<br /> construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether
<br /> presently in place or which may in the future be constructed or installed, including but not limited to, any water
<br /> and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding,
<br /> infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or from any
<br /> other cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part of
<br /> DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any kind or
<br /> character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to
<br /> defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in
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