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g. The term "County" shall include all authorities, boards, bureaus, commissions, divisions,
<br /> departments, and offices of County and individual members, commissioners, employees
<br /> thereof in their official capacities, while acting on behalf of Indian River County.
<br /> b. Indian River County Board of County Commissioners shall be endorsed to the required policy
<br /> or policies as an additional insured.
<br /> i. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held
<br /> by County, to any such future coverage, or to County ' s self-insured retention of whatever
<br /> nature.
<br /> 9. Indemnification . Auctioneer shall indemnify and save harmless Indian River County, its
<br /> commissioners, officers, employees, and agents, from and against all claims, suits, actions,
<br /> damages, causes, or action or judgments (collectively "claims") arising out of or related to any
<br /> negligence, intentional wrongdoing, breach of applicable law or breach of the resulting agreement,
<br /> and from and against all costs, attorney ' s fees, expenses, and other liabilities incurred in the defense
<br /> of any such claims. Nothing herein shall be deemed to affect the rights, privileges, and immunities
<br /> of the County as set forth in Florida Statute Section 768 .28.
<br /> 10 . Contract Documents . The contract documents shall consist of this agreement and all documents
<br /> comprising the RFP.
<br /> 11 . County' s Right of Inspection . At any time during the term of this agreement, and for a reasonable
<br /> period of time thereafter, County shall have the right to inspect any of Auctioneer ' s books and
<br /> records relating to an auction held pursuant to this agreement.
<br /> 12 . Public Records . Auctioneer acknowledges that any records made or received by County in
<br /> connection with this agreement or any auction held hereunder, are subject to the Public Records
<br /> Act, Chapter 119, Florida Statutes .
<br /> 13 . "Piggybacking." With County ' s written approval,- and to the extent permitted by law, any other
<br /> governmental entity may "piggyback" off this agreement and participate in any auction held by
<br /> County.
<br /> 14 . Form of Notice. Any notice hereunder shall be in writing and delivered by (i) certified mail, . return
<br /> receipt requested, (ii) overnight or priority mail, in a form providing proof of receipt, or (iii) hand
<br /> delivery, with written acknowledgement of receipt by the recipient, all to the address for such party
<br /> set forth above.
<br /> 15 . Interpretation . This Agreement has been submitted to the equal review and scrutiny of both
<br /> parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In
<br /> any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation,
<br /> without consideration or weight being given to the fact that it was initially prepared or drafted by
<br /> any particular party.
<br /> 16 . Severability. Each provision of this Agreement is deemed to be separate and divisible. If any
<br /> provision shall be held invalid, the remaining provisions shall remain in full force and effect.
<br /> 17 . Governing Law. This Agreement shall be governed by and interpreted in accordance with the
<br /> laws of the State of Florida.
<br /> 18 . Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or relating to
<br /> this Agreement shall be in the county or circuit court of the State of Florida. Venue shall be in
<br /> Indian River County, Florida.
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