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• <br />21. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to indemnify, <br />defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and <br />suits of any nature arising out of, because of or due to any intentional and/or negligent act or <br />occurrence, omission, or commission of the PARTICIPANT, its agents, contractors, <br />subcontractors, consultants, and/or employees, arising out of this contractor the work which is <br />the subject hereof. It is specifically understood and agreed that this indemnification clause <br />does not cover or indemnify the DEPARTMENT for its own negligence. <br />22. This AGREEMENT is governed by and construed in accordance with the laws of the State of <br />Florida. <br />23. This document incorporates and includes all prior negotiations, correspondence, <br />conversations, agreements, or understandings applicable to the matters contained herein, and <br />the parties agree that there are no commitments, agreements or understandings concerning <br />the subject matter of this agreement that are not contained in this document. Accordingly, it is <br />agreed that no deviation from the terms hereof shall be predicated upon any prior <br />representation or agreements whether oral or written. It is further agreed that no modification, <br />amendment, or alteration in the terms and conditions contained herein shall be effective unless <br />contained in a written document executed with the same formality and of equal dignity <br />herewith. <br />24. Any or all notices (except invoices) given or required under this AGREEMENT shall be in <br />writing and either personally delivered with receipt acknowledged or sent by certified mail, <br />return receipt requested. All notices delivered shall be sent to the following addresses: <br />If to the DEPARTMENT: <br />Florida Department of Transportation - District Four <br />3400 West Commercial Blvd. <br />Fort Lauderdale, Florida 33309-3421 <br />Attn: Leos A. Kennedy, Jr. <br />With a copy to: John Olson <br />A second copy to: District General Counsel <br />If to the PARTICIPANT: <br />Indian River County <br />Indian River County Administration Building <br />Public Works Department <br />1840 25th Street <br />Vero Beach, Florida 32960 <br />Attn: Chip Boyette <br />With a copy to: Attorney <br />*** <br />[ THIS SPACE INTENTIONALLY LEFT BLANK ] <br />4 of 5 <br />