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of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages. C. ENGINEER'S applicable insurance coverage shall be primary. D. All above insurance policies shall be placed with insurers with a Best's rating of no less than A VII. The insurer chosen shall also be licensed to do business in Florida. E. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims made basis. F. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts to the Indian River County Risk Management Department. G. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. H. ENGINEER shall either include each subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein. Notwithstanding the provisions of s.725.06, if a design professional provides professional services to or for a public agency, the agency may require in a professional services contract with the design professional that the design professional indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to , reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. ENGINEER agrees to indemnify, defend and save COUNTY, officers and employees harmless from and against any and all losses, claims, demands, liabilities, suits or actions (including expenses and attorney's fees) which may be asserted or arise against COUNTY in favor of any person or persons including the employees of each party hereto, for any injuries (including death) and any loss of or damage to the Project of any person or persons (including existing property of the COUNTY) caused be or arising out of any occurrence in any manner connected with the ENGINEER'S performance of the Agreement, except when due to the gross negligence or willful or wanton misconduct of the COUNTY. To the extent allowed by law,the COUNTY agrees to indemnify and the ENGINEER harmless from any and all claims, causes of action, arising out of the work of the (:\Engineering\Special Projects\Enclave Subdivision\Agreementffhe Enclave Agreement.doc