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FWC Agreement No. 13127
<br />professional engineer, as applicable) any fee, commission, percentage, gift, or
<br />other consideration contingent upon or resulting from the award or making of this
<br />contract.
<br />B. Termination for Breach. For the breach or violation of this provision, the Commission shall
<br />have the right to terminate the Agreement without liability and, at its discretion, to deduct from
<br />the Agreement price, or otherwise recover, the full amount of such fee, commission percentage,
<br />gift, or consideration.
<br />32. INDEMNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2),
<br />F S., pursuant to Subsection 768 28(19), F.S., neither Party indemnifies nor insures the other Party for the
<br />other Party's negligence If the Grantee is not a state agency or subdivision as defined above, the Grantee
<br />shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fully
<br />indemnify, defend, and hold harmless the State and the Commission and their officers, agents, and
<br />employees, from suits, actions, damages, and costs of every name and description, including attorneys'
<br />fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to
<br />be caused in whole or in part by the Grantee, its agents, employees, partners, or subcontractors, provided,
<br />however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused
<br />by the negligent act or omission of the State or the Commission.
<br />33. NON-DISCRIMINATION.
<br />A. Non -Discrimination in Performance. No person, on the grounds of race, creed, color, national
<br />origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
<br />benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
<br />B. Discriminatory Vendor List. In accordance with Section 287.134, F.S , an entity or affiliate
<br />who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on
<br />a contract to provide any goods or services to a public entity, may not submit a bid, proposal or
<br />reply on a contract with a public entity for the construction or repair of a public building or public
<br />work, may not submit bids, proposals, or replies on leases of real property to a public entity; may
<br />not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
<br />contract with any public entity; and may not transact business with any public entity. The
<br />Grantee has a continuing duty to disclose to the Commission whether they appear on the
<br />discriminatory vendor list.
<br />34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the
<br />State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each
<br />provision of this Agreement shall be interpreted in such manner as to be effective and valid under
<br />applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law,
<br />such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
<br />remainder of such provision or the remaining provisions of this Agreement. Any action in connection
<br />herewith,' in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful
<br />venues
<br />35. No THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to
<br />grant any rights, privileges or interest to any person not a Party to this Agreement.
<br />36. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by
<br />jury in any action or proceeding brought by any Party against any other Party pertaining to any matter
<br />whatsoever arising out of or in any way connected with this Agreement, or with the products or services
<br />provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit.
<br />Ver. October 15, 2013 Page 16 of 19
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