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18. The Department's obligation to pay under this section is contingent upon an annual appropriation by <br /> the Florida Legislature. <br /> 19. To the extent allowed by the Laws of Florida,the Agency hereby agrees to indemnify,defend,save, <br /> and hold harmless the Department from all claims,demands, liabilities,and suits of any nature arising out <br /> of,because of,or due to any intentional and/or negligent act or occurance, omission,or commission of <br /> the Agency, its agents or employees. It is specifically understood and agreed that this indemnification <br /> clause does not cover or indemnify the Department for its own negligence. <br /> 20. This Agreement or any interest herein shall not be assigned,transferred or otherwise encumbered by <br /> the Agency under any circumstances without the prior written consent of the Department. However,this <br /> Agreement shall run to the Department and its successors, <br /> 21. Any or all notices(except invoices)given or required under this Agreement shall be in writing and <br /> either personally delivered with receipt acknowledged or sent by certified mail,return receipt requested. <br /> All notices delivered shall be sent to the following addresses: <br /> If to the Department: District Four <br /> Florida Department of Transportation <br /> 3400 West Commercial Blvd. <br /> Fort Lauderdale,Florida 33309-3421 <br /> Attention: Ms.Teresa Martin,Contractual Service Administrator <br /> With a copy to:Gustavo Schmidt, P.E.,FDOT Project Manager <br /> A second copy to: District General Counsel <br /> If to the Agency: Indian River County Blood of County Commissioners <br /> 1840 25th Street,Suite N-158 <br /> Vero Beach,Florida 32960 <br /> Attention: Mr. Robert Keating,Director of Community <br /> Development <br /> With a copy to:County Attorney <br /> 6of9 <br />