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07 / 05/ 11 41 Florida Power & Light Company PPL LUMP SUM RELOCATION AGREEMENT Applicant Indian River County Board of County Commissioners agrees to pay FPL the lump sum amount of $ 3 , 790 . 17 to relocate underground facilities associated with the construction of the new SRA Transit Facilities . Applicant understands that this cost is valid for 180 days from the date of this agreement and is based on the Applicant' s plans which are dated 1 /28/2011 . Applicant understands that this agreement is solely for the relocation of FPL facilities . It is the Applicant's responsibility to contact the owners of facilities co- located on FPL' s poles ( such as telephone , cable and wireless/cell phone providers) , and to negotiate , and pay the cost of, the relocation of such facilities . Applicant understands that FPL' s work under this agreement cannot proceed until such third party negotiations have been completed . Applicant shall provide FPL with written documentation from each such third party provider reflecting the date upon which such third party facilities will be relocated . Applicant also agrees that any scope of work changes listed below will result in FPL providing a revised Lump Sum cost which Applicant is obligated to pay. These scope changes are : 1 . Change in Applicant's plans/schedule which will affect FPL' s relocation . 2 . Any error in Applicant's plans which will affect FPL' s relocation . Applicant agrees to pay FPL in advance the full Lump Sum amount for this relocation . This Lump Sum amount is non - refundable , provided , however if this agreement is terminated or indefinitely suspended , the Applicant shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore FPL's facilities to complete operational capability and FPL shall refund the balance . Applicant acknowledges that high voltage electric lines are located in the area of Applicant' s project and agrees to warn its employees , agents , contractors and invitees , new and experienced alike , of the danger of holding on to or touching a cable or other piece of equipment that is located or working close to any overhead power line and to use all safety and precautionary measures when working under or near FPL's facilities . Applicant acknowledges and agrees that it has read and will comply with the Notification of FPL Facilities attached hereto . Limitations of Liability. Neither Party shall be liable in contract, in tort ( including negligence) , or otherwise to the other Parry for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed , for loss of use or under utilization of the Party's facilities , or loss of use of revenues or loss of anticipated profits resulting from either Party's performance , nonperformance , or delay in performance of its obligations under this Agreement. Indemnification . The Applicant shall indemnify, defend and hold harmless FPL , its parent, subsidiaries or affiliates and their respective officers , directors and employees (collectively " FPL Entities") from and against any liabilities whatsoever, occasioned wholly or in part by the negligence of the Applicant , its contractors , subcontractors or employees , including attorney fees , for injury to or death of person ( s) and property damage arising or resulting in connection with any activity associated with work or service under this Agreement , EXCEPT if the liability arises out of a claim made by an employee of the Applicant, its contractors or assigns , the Applicant shall indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL Entities . The Applicant's obligation to protect, defend and hold FPL Entities free and unharmed against such liabilities shall be subject to the limitation set forth in Section 768 . 28 (5) Florida Statutes , except in the event the Applicant purchases insurance covering the liability with limits in excess of the statutory limits , the Applicant's obligation shall extend up to but shall not exceed the limits of that insurance . Insurance . If the Applicant utilizes its own personnel in the construction or maintenance work around the subject Facilities , the Applicant shall furnish FPL with evidence of insurance maintained by Applicant insuring FPL Entities from liabilities assumed under the above indemnification . Said insurance shall contain a broad form contractual endorsement or, alternatively, the Applicant shall cause FPL , its parent, subsidiaries and affiliates and their respective officers , directors and employees to be named as additional named insured on the an FPL Group Company