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Y A TRUE COPY CERTIFICATION ON LAST PAGE JX . BARTON , CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No . 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES ( LUMP SUM ) 10/04 C . Except for costs associated with any changes or additions to the Utility Work , the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work , without any requirement for a subsequent accounting for the use of the deposit . d . Pursuant to Section 337 .403 ( 1 ) ( b ) , Florida Statutes , no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions . To the extent that the amount stated in Subparagraph 2 . a . above exceeds the amount of the FDOT contractor' s bid that applies to the Utility Work , such excess may be applied to cover the cost of the changes or additions . All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337 . 11 ( 8 ) , Florida Statutes . 3 . Default a . In the event that the UAO breaches any provision of this Agreement , then in addition to any other remedies which are otherwise provided for in this Agreement , the FDOT may exercise one or more of the following options , provided that at no time shall the FDOT be entitled to receive double recovery of damages : ( 1 ) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2 ) Pursue a claim for damages suffered by the FDOT . ( 3 ) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured . (4 ) Pursue any other remedies legally available . ( 5 ) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337 . 403 ( 3 ) , Florida Statutes . b . In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement , the UAO may exercise one or more of the following options : ( 1 ) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO . ( 2 ) Pursue any other remedies legally available . C . Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4 . Indemnification FOR GOVERNMENT -OWNED UTILITIES : To the extent provided by law , the UAO shall indemnify , defend , and hold harmless the FDOT and all of its officers , agents , and employees from any claim , loss , damage , cost , charge , or expense arising out of any acts , action , error , neglect , or omission by the UAO , its agents , employees , orcontractors during the performance of the Agreement , whether direct or indirect , and whether to any person or property to which FDOT or said parties may be subject , except that neither the UAO , its agents , employees , or contractors will be liable under this Page 2 of 5