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<br /> A -1 i.IE ugF `r`
<br /> CERTIFICATION ON LAST PAGE
<br /> 4 J . K . BARTON , CLERK
<br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No . 710-010-57
<br /> UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
<br /> ( LUMP SUM ) 10104
<br /> section for damages arising out of the injury or damage to persons or property directly caused by or resulting
<br /> from the negligence of the FDOT or any of its officers , agents , or employees during the performance of this
<br /> Agreement .
<br /> When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
<br /> performance of services required under this Agreement , the FDOT will immediately forward the claim to the
<br /> UAO . The UAO and the FDOT will evaluate the claim and report their findings to each otherwithin fourteen ( 14 )
<br /> working days and will jointly discuss options in defending the claim . After reviewing the claim , the FDOT will
<br /> determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to
<br /> defend the FDOT in such claim as described in this section . The FDOT ' s failure to notify the UAO of a claim
<br /> shall not release the UAO from any of the requirements of this section . The FDOT and the UAO will pay their
<br /> own costs for the evaluation , settlement negotiations , and trial , if any . However, if only one party participates in
<br /> the defense of the claim at trial , that party is responsible for all costs .
<br /> FOR NON -GOVERNMENT-OWNED UTILITIES :
<br /> The UAO shall indemnify , defend , and hold harmless the FDOT and all of its officers , agents , and employees
<br /> from any claim , loss , damage , cost , charge , or expense arising out of any acts , action , error , neglect ,
<br /> or
<br /> omission by the UAO , its agents , employees , or contractors during the performance of the Agreement , whether
<br /> direct or indirect , and whether to any person or property to which FDOT or said parties may be subject , except
<br /> that neither the LIAO , its agents , employees , or contractors will be liable under this section for damages arising
<br /> out of the injury or damage to persons or property directly caused by or resulting from the negligence of the
<br /> FDOT or any of its officers , agents , or employees during the performance of this Agreement.
<br /> The UAO ' s obligation to indemnify , defend , and pay for the defense or at the FDOT' s option , to participate and
<br /> associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
<br /> negotiations , shall arise within fourteen ( 14 ) days of receipt by the UAO of the FDOT' s notice of claim for
<br /> indemnification to the UAO . The notice of claim for indemnification shall be served by certified mail . The
<br /> UAO ' s obligation to defend and indemnify within fourteen ( 14 ) days of such notice shall not be excused
<br /> because of the UAO ' s inability to evaluate liability or because the UAO evaluates liability and determines the
<br /> UAO is not liable or determines the FDOT is solely negligent . Only a final adjudication orjudgment finding the
<br /> FDOT solely negligent shall excuse performance of this provision by the UAO . The UAO shall pay all costs and
<br /> fees related to this obligation and its enforcement by the FDOT . The FDOT ' s delay in notifying the UAO of a
<br /> claim shall not release UAO of the above duty to defend .
<br /> 5 . Force Majeure
<br /> Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the
<br /> extent such performance is prevented by an act of God , war, riots , natural catastrophe , or other event beyond
<br /> the control of the non - performing party and which could not have been avoided or overcome by the exercise of
<br /> due diligence ; provided that the party claiming the excuse from performance has (a ) promptly notified the other
<br /> party of the occurrence and its estimate duration , ( b ) promptly remedied or mitigated the effect of the
<br /> occurrence to the extent possible , and ( c) resumed performance as soon as possible .
<br /> 6 . Miscellaneous
<br /> a . To the Facilities shall at all times remain the property of and be properly protected and maintained by
<br /> the UAO in accordance with the then current Utility Accommodation Manual and the current utility
<br /> permit for the Facilities .
<br /> b . Pursuant to Section 287 . 058 , Florida Statutes , the FDOT may unilaterally cancel this Agreement for
<br /> refusal by the UAO to allow public access to all documents , papers , letters , or other material subject to
<br /> the provisions of Chapter 119 , Florida Statutes , and made or received by the UAO in conjunction with
<br /> this Agreement .
<br /> C . This Agreement constitutes the complete and final expression of the parties with respect to the subject
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