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V . H . ENGINEER shall either include each subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant . All coverages for subconsultants shall be subject to all of the requirements stated herein . L Notwithstanding the provisions of s . 725 . 06 , i f a design professional provides professional services to or for a public agency, the agency may require in a professional services contract with the design professional that the design professional indemnify and hold harmless the agency, and its officers and employees , from liabilities , damages , losses , and costs , including , but not limited to , reasonable attorneys ' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the design professional and other persons employed or utilized. by the design professional in the performance of the contract . J . ENGINEER agrees to indemnify, defend and save COUNTY , officers and employees harmless from and against any and all losses , claims , demands , liabilities , suits or actions (including expenses and attorney ' s fees) which may be asserted or arise against COUNTY in favor of any person or persons including the employees of each party hereto , for any injuries (including death) and any loss of or damage to the Project of any person or persons (including existing property of the COUNTY) caused be or arising out of any occurrence in any manner connected with the ENGINEER ' S performance of the Agreement, except when due to the gross negligence or willful or wanton misconduct of the COUNTY . To the extent allowed by law ,the COUNTY agrees to indemnify and the ENGINEER harmless from any and all claims , causes of action , arising out of the work of the ENGINEER arising out of the work performed or to be performed by the party with whom the ENGINEER is contracting hereunder, or any other concerning parties ' agents , affiliates , subsidiaries , or assigns , excepting only such actions , claims or lawsuits arising out of the gross negligence of the ENGINEER, its affiliates , subsidiaries , officers and employees . SECTION XVIII - ENTIRETY OF AGREEMENT This writing embodies the entire AGREEMENT and understanding between the parties hereto , and there are no other agreements and understandings , oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby . No alteration, change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . C :\Documents and Settings\georges\Local SettingsUemporary Internet Filcs\0LK3D7\Carter Assoc Pro Civil Eng Agreement 10-04- 10 . doc