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r', <br />FAJ &..4 ,ll -268 <br />2/e3 <br />"AGE 2 OF e <br />5. The COUNTY further agrees upon completion of the installation, to assume sole responsi- <br />bility for the maintenance of said lighting system in accordance with the DEPARTMENT'S policies <br />and "Standard Specifications for Highway Lighting." <br />6. The COUNTY further agrees to be responsible for the payment of all cost for electrical <br />power and/or other electrical charges incurred in connection with the operation of the completed <br />lighting system. <br />7. The COUNTY hereby agrees to indemnify, defend, save, and hold harmless the <br />DEPARTMENT from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, <br />because of, or due to the breach of this Agreement by the COUNTY, its agents or employees, or due to <br />any act or occurrence of omission or commission of the COUNTY, its agents or employees. It is <br />specifically understood and agreed that this indemnification agreement does not cover or indemnify <br />the DEPARTMENT for its own negligence or breach of contract. <br />8. All services and work under the construction contract shall be performed to the satisfaction <br />of the DEPARTMENT'S Director of • Construction, and he shall decide all questions, difficulties and <br />disputes of whatever nature, which may arise under or by reason of such contract for highway <br />lighting; the prosecution and fulfillment of the services thereunder, and the character, quality, amount, _ <br />and value thereof; and his decision upon all claims, questions, and disputes thereunder shall be final and <br />conclusive upon the parties hereto. <br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their <br />duly authorized officers, and their official seals hereto affixed, the day and year first above written. <br />STATE OF FLORIDA <br />DEPARTMENT OF TRANSPORTATION <br />BY: <br />Director, of Preconstruction and Design <br />ATTEST: <br />Executive Secretary <br />(SEAL) <br />3=- Cox t= <br />INDIAN RIVER COUNTY, FLORIDA <br />BY: 1 dee- —4 <br />Approved as to Form, Legality and Execution <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />11 <br />Assistant Attorney <br />(SEAL) <br />APPROVED AS TO FORM <br />AND LEL SUFFICIENCY: <br />Charles P. Vilunac <br />County Attorney <br />44 <br />OCT 41988 ElooK 74 FA 441 <br />