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When eitherparty>receives notice of claim fordamages' that may:have been <br />caused by'the other'partyin the 'performance'of Services required' under this Agreement; that <br />party will immediately forward the claim to the other party. Each partywill evaluate the claim, <br />and report .its findings to each other, within fourteen (14) working: days and jointly discuss <br />options in defending the claim. A party's failure to promptly notify the other of a claim will not <br />act as a waiver or any right herein. <br />iii) The COUNTY agrees to. include the following indemnification: in all contracts <br />with contractors/subcontractors, consultants/sub-consultants, who perform work in <br />connection with this Agreement: <br />"The contractor and/or consultant' shall indemnify, defend, save' and hold harmless the <br />DEPARTdema'ndsMl abTitynofd aany nature what never ar s ngll of itS'OffiderS, agents' bi- loyeeS out of r b all suits, -actions, claims, <br />e°caiise of, or due to any <br />negligent act or occurrence of omission or commission of'the contractor and/or consultant, <br />its officers, agents ,.or employees Neither the contractor or consultant, nor any of, its officers, <br />agents, or employees will be, liable under this section for damages arising out of injury or <br />damage to persons or property directly caused or resulting from the sole negligence of the. <br />DEPARTMENTor any of its officers,, agents: or employees." <br />B. LIABILITY INSURANCE .;The COUNTY shall carry and keep n force during .the <br />period of this. Agreement a general,,liability insurance policy -or policies with a company or <br />companies authorized' to do business., -in :Florida, affording public liability. insurance with <br />combined bodily injury limits ;`of:at least $100,000 per person and $300 Qoo each,occurre,nce, <br />and' property:damage, insuranceof at:least $50 000;each occurrence;. for -,the services to be <br />rendered inacco`rdancewiththisAgreement In:addition to any other forms: of insurance or <br />bonds required under the terms of the agreement, when it includes construction -within the <br />limits of a railroad right-of-way, the COUNTY must provide or cause its contractor to provide <br />insurance coverage in "accordance with Section 7-13 of'the DEPARTMENT'S Standard <br />Specification for Road and:Bridge°'Constructionk(2000),-as amendecF: <br />C. WORKER'S COMPENSATION The COUNTY shall also carryand keep in force <br />Worker's Compensation insurance -as required for the State of Florida under the Worker's <br />Compensation Law. <br />5. COMPLIANCE WITH,LAWS <br />A. The COUNTY shall allow public access to all documents, papers, letters, or other <br />material;subject to the.provisions of,Chapter 11:9, Florida. Statutes, and;made or received by <br />the COUNTY; in, conjunction with this =Agreement ;Failure by:the,COUNTY to grant such <br />public access shall' begrounds:for. immediate „unilateral cancellation of this Agreement by the <br />DEPARTMENT. <br />B. The COUNTY shall comply with all federal, state and local laws and ordinances <br />applicable to the work or paymentfor work thereof, and shall no t'diseriminate on the grounds <br />of race, color, religion, sex or national origin in the performance of work under this <br />t.; <br />Agreement. <br />C. No funds received pursuant to this Agreement may be expended for lobbying the <br />Legislature, the judicial branch; or a state agency. <br />D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, <br />5 OF 9 <br />