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Florida Statutes: <br />334.044(7) <br />850-035-01 <br />PAVEMENT MANAGEMENT <br />OGC — 02/15 <br />Page 10 of 21 <br />287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the <br />discriminatory vendor list may not submit a bid on a contract to provide any goods or services <br />to a public entity; may not submit a bid on a contract with a public entity for the construction or <br />repair of a public building or public work; may not submit bids on leases of real property to a <br />public entity; may not be awarded or perform work as a contract, supplier, subcontractor, or <br />consultant under a contract with any public entity; and may not transact business with any <br />public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), <br />Florida Statutes, and acknowledges and agrees that placement on the list during the term of <br />this Agreement may result in the termination of this Agreement. <br />16. It is specifically agreed between the parties executing this Agreement that it is not <br />intended by any of the provisions of any part of the Agreement to create in the public or <br />any member thereof, a third party beneficiary under this Agreement, or to authorize <br />anyone not a party to this Agreement to maintain a suit for personal injuries or property <br />damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties <br />the payment of all just claims for materials, supplies, tools, or labor and other just claims <br />against the Recipient or any subcontractor, in connection with this Agreement. <br />Additionally, the Recipient agrees to include the following indemnification in all contracts <br />with contractors/ subcontractors, or consultants/sub consultants who perform work in <br />connection with this Agreement <br />'To the fullest extent permitted by law the Recipients contractor shall indemnify and <br />hold harmless the Recipient, the State of Florida, Department of Transportation, and <br />its officers and employees, from liabilities, damages, losses and costs, including, but <br />not limited to, reasonable attomey's fees, to the extent caused by the negligence, <br />recklessness or intentional wrongful misconduct of contractor and persons employed <br />or utilized by contractor in the performance of this Contract. <br />This indemnification shall survive the termination of this Agreement. Nothing <br />contained in this paragraph is intended to nor shall it constitute a waiver of the State <br />of Florida and the Recipient's sovereign immunity. <br />To the fullest extent permitted by law, the Recipient's consultant shall indemnify and <br />hold harmless the Recipient, the State of Florida, Department of Transportation, and <br />its officers and employees from liabilities, damages, losses, and costs, including, but <br />not limited to, reasonable attomey fees to the extent caused, in whole or in part, by <br />the professional negligence, error or omission, recklessness, or intentional wrongful <br />conduct of the consultant or persons employed or utilized by the consultant in the <br />performance of the Agreement. <br />This indemnification shall survive the termination of this Agreement. Nothing <br />contained in this paragraph is intended to nor shall it constitute a waiver of the State <br />of Florida and the Recipients sovereign immunity." <br />I <br />