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FWC Agreement No. 15120
<br />person, other than a bona fide employee working solely for the architect (or
<br />registered surveyor and mapper, or professional engineer, as applicable) to solicit
<br />or secure this contract and that he or she has not paid or agreed to pay any person,
<br />company, corporation, individual, or firm, other than a bona fide employee
<br />working solely for the architect (or registered surveyor and mapper or professional
<br />engineer, as applicable) any fee, commission, percentage, gift, 'or other
<br />consideration contingent upon or resulting from the award or making of this
<br />contract.
<br />B. Termination for Breach. For the breach or violation of this provision, the Commission shall have
<br />the right to terminate the Agreement without liability and, at its discretion, to deduct from the
<br />Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift,
<br />or consideration.
<br />32. INDEMNNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2),
<br />F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the
<br />other Party's negligence: If the Grantee is not a state agency or subdivision as defined above, the Grantee
<br />shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully
<br />indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and
<br />employees, from suits, actions, damages, and costs of every name and description, including attorneys'
<br />fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to
<br />--be`caused-in-whole-or
<br />- --inpart-by-the-GianteFifs agents-emPtYees- Pa—s—ub----
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<br />contractors, pro----- -however-i--that--the-Grantee -shall-not indemnify -for that portion-ofany-loss-ordamages- --- -
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<br />33. NON-DISCRIMINATION.
<br />A. Non -Discrimination in Performance. No person, on the grounds of race, creed, color, national
<br />origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
<br />benefits of, or be otherwise subjected to discrimination in performance of this Agreement.
<br />B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who
<br />has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a
<br />contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply
<br />on a contract with a public entity for the construction or repair of a public building or public work;
<br />may not submit bids, proposals, or replies on leases of real property to a public entity; may not be
<br />awarded or perform work as a� contractor, supplier, subcontractor, or consultant under a contract
<br />with any public entity; and may not transact business with any public entity. The Grantee has a
<br />continuing duty to disclose to the Commission whether they appear on the discriminatory vendor
<br />list.
<br />34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the
<br />State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each
<br />provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable
<br />law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such
<br />provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
<br />remainder of such provision or the remaining provisions of this Agreement. Any action in connection
<br />herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful
<br />venues.
<br />35. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant
<br />any rights, privileges or interest to any person not a Party to this Agreement.
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<br />GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 17 of 20
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