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subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein . 9 . Any deductibles or self- insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR . SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify , and hold harmless , the COUNTY, and the COUNTY' s officers , employees and agents , from and against any and all claims from liabilities , damages , losses , costs , third party claims , judgments , and expense to persons or property, including reasonable attorneys' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of SURVEYOR , or of SURVEYOR' s officers , employees , or agents , and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith , including reasonable attorneys' fees . SECTION XX — SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR' s operations . All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety . However, in accordance with generally accepted practices , the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . SECTION XXII — 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and understandings , oral or written , with reference to the subject matter hereof that are not merged herein and superseded hereby .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 . SECTION XXIII - SEVERABILITY If any provision , section , or paragraph of this agreement is determined by a court of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not found to be void , illegal , or unenforceable , shall remain in full force and effect . F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\2013-2014 selection\2013 documents\Master Agreement - Masteller.doc Page 7 of 8