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subcontractor. All coverages for subcontractors shall be subject to all of <br /> the requirements stated herein . <br /> 9 . Any deductibles or self-insured retentions greater than $ 5 , 000 must be <br /> approved by the Risk Manager for Indian River County with the ultimate <br /> responsibility for same going to the SURVEYOR . <br /> SECTION XIX - INDEMNIFICATION <br /> SURVEYOR hereby agrees to indemnify, and hold harmless , the COUNTY, and <br /> the COUNTY' s officers , employees and agents , from and against any and all claims <br /> from liabilities , damages, losses , costs , third party claims , judgments , and expense to <br /> persons or property, including reasonable attorneys' fees , to the extent caused by the <br /> negligence , recklessness , or intentionally wrongful conduct of SURVEYOR , or of <br /> SURVEYOR' s officers , employees , or agents , and SURVEYOR shall indemnify the <br /> COUNTY against any such claims and any judgments that may be entered in <br /> connection therewith , including reasonable attorneys ' fees . <br /> SECTION XX — SAFETY <br /> SURVEYOR is solely responsible for the safety of its employees and others arising from <br /> SURVEYOR' s operations . All projects shall follow proper safety procedures referencing <br /> the Florida Department of Transportation Safety Standards for Surveyors . However , in <br /> accordance with generally accepted practices , the SURVEYOR may report any <br /> observed job site safety violations by others to the COUNTY. <br /> SECTION XXI — CHOICE OF LAW AND VENUE <br /> This Agreement shall be governed by the laws of the State of Florida . Venue for any <br /> lawsuit brought by either party against the other party or otherwise arising out of this <br /> Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in <br /> the United States District Court for the Southern District of Florida . <br /> SECTION XXII — ENTIRETY OF AGREEMENT <br /> This writing embodies the entire Agreement and understanding between the <br /> parties hereto , and there are no other Agreements and understandings , oral or written , <br /> with reference to the subject matter hereof that are not merged herein and superseded <br /> hereby. No alteration , change , or modification of the terms of this Agreement shall be <br /> valid unless made in writing and signed by both parties hereto . <br /> SECTION XXIII - SEVERABILITY <br /> If any provision , section , or paragraph of this agreement is determined by a court <br /> of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not <br /> found to be void , illegal , or unenforceable , shall remain in full force and effect. <br /> F:1Public WorkstFNGINEERING DIVISION PROJECTSV032-IRC 2011 -2014Annual Professional Survey Services ContractlMasterAgreement\Agreements\Master Agreement <br /> Morgan Eklund - Updatsd .doc <br /> Page 7 of 8 <br />