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CONTRACTOR has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to COUNTY. 5 . Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under this section or under any other portion of this Agreement. 5 .4 Indemni . In consideration of the sum of Fifteen and 00/ 100 Dollars ($ 15 . 00), the receipt and sufficiency of which is acknowledged by CONTRACTOR to be included and paid for in the contract price, CONTRACTOR shall indemnify, defend, and hold harmless COUNTY and its agents and employees from and against all liabilities , claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss, or expense : a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom ; and b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable , regardless of whether or not it is caused in whole or in part by COUNTY. In any and all claims against COUNTY or any of its agents or employees, by any employee of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts . 5 . 5 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that CONTRACTOR or employees or contractors of CONTRACTOR are in no way to be considered employees of COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise . 5 . 6 Acceptance of Goods and Services . Any goods and/or service(s) rendered under this Agreement may be tested/inspected for compliance with specifications . In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, COUNTY reserves the right to require corrective action as appropriate which may include, but is not limited to, ordering re-performance of service or the termination of the Agreement for default. 5 . 7 Public Records. All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the provider for or on behalf of COUNTY shall be the property of COUNTY and will be turned over to COUNTY upon request. In accordance with Florida "Public Records" law, Chapter 119, Florida Statutes, each file FXommunity Development\Users\MPO\Transit\Advertising\Transit Advertising Contract Final.doc 4