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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. INDEMNIFICATION. 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 in part by the Grantee, its agents, employees, partners, or subcontractors, provided,
<br /> however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused
<br /> by the negligent act or omission of the State or the Commission.
<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.
<br /> GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 17 of 20
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