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use and business interruption, cost of replacement power, and other special, <br />indirect and consequential damages. <br />C. Any deductibles or self insured retentions greater than $15,000 must be approved by the <br />Risk Manager for Indian River County with the ultimate responsibility for same going to <br />the CONSULTANT. <br />D. CONSULTANT'S insurance coverage shall be primary. <br />E. All above insurance policies shall be placed with insurers with a Best's rating of no less <br />that A. The insurer chosen shall also be licensed to do business in Florida. <br />F. The insurance policies procured shall be "Claims Made" policies or as generally available <br />on the open insurance market. <br />G. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to <br />the Indian River County Risk Management Department prior to the execution of this Contract. <br />I -I. The insurance companies selected shall send written verification to the Indian River <br />County Risk Management Department that they will provide 30 days written notice to the Indian <br />River County Department of Risk Management of its intent to cancel or terminate said policies <br />or insurance. <br />I. CONSULTANT shall include all sub -contractors as insured under its policies or shall <br />furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated herein. <br />J. CONSULTANT hereby agrees to indemnify Indian River County and Representatives <br />thereof from all claims arising solely from negligent acts, errors or omissions of the <br />CONSULTANT or CONSULTANT'S REPRESENTATIVES in the performance of Professional <br />Services under this agreement and for which CONSULTANT is legally liable. <br />SECTION XIX - ENTIRETY OF CONTRACT <br />A. This writing embodies the entire Agreement and understanding between the parties <br />hereto, and there are no other agreements and understandings, oral or written, with reference to <br />the subject matter hereof that are not merged herein and superseded hereby. <br />B. No alteration, change, or modification of the terms of this Agreement shall be valid unless <br />made in writing and signed by both parties hereto <br />C. This Agreement, regardless' of where executed, shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br />19 <br />