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subcontractor. All coverages for subcontractors shall be subject to all of <br /> the requirements stated herein. <br /> 9. Any deductibles or self-insured retentions greater than $5,000 must be <br /> approved by the Risk Manager for Indian River County with the ultimate <br /> responsibility for same going to the SURVEYOR. <br /> SECTION XIX - INDEMNIFICATION <br /> SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and <br /> the COUNTY's officers, employees and agents, from and against any and all claims <br /> from liabilities, damages, losses, costs, third party claims, judgments, and expense to <br /> persons or property, including reasonable attorneys' fees, to the extent caused by the <br /> negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of <br /> SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the <br /> COUNTY against any such claims and any judgments that may be entered yin <br /> connection therewith, including reasonable attorneys' fees. <br /> SECTION XX— SAFETY <br /> SURVEYOR is solely responsible for the safety of its employees and others arising from <br /> SURVEYOR's operations. All projects shall follow proper safety procedures referencing <br /> the Florida Department of Transportation Safety Standards for Surveyors and as any <br /> job site safety. However, in accordance with generally accepted practices, the <br /> SURVEYOR may report any observed job site safety violations by others to the <br /> COUNTY. <br /> SECTION XXI — CHOICE OF LAW AND VENUE <br /> This Agreement shall be governed by the laws of the State of Florida. Venue for any <br /> lawsuit brought by either party against the other party or otherwise arising out of this <br /> Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in <br /> the United States District Court for the Southern District of Florida <br /> SECTION XXII — ENTIRETY OF AGREEMENT <br /> This writing embodies the entire Agreement and understanding between the <br /> parties hereto, and there are no other Agreements and understandings, oral or written, <br /> with reference to the subject matter hereof that are not merged herein and superseded <br /> hereby. No alteration, change, or modification of the terms of this Agreement shall be <br /> valid unless made in writing and signed by both parties hereto. <br /> SECTION XXIII - SEVERABILITY <br /> If any provision, section, or paragraph of this agreement is determined by a court <br /> of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not <br /> found to be void, illegal, or unenforceable, shall remain in full force and effect. <br /> SECTION XXIV — PUBLIC RECORDS COMPLIANCE <br /> Indian River County is a public agency subject to Chapter 119, Florida Statutes. <br /> The Contractor shall comply with Florida's Public Records Law Specifically, the <br /> Contractor shall: <br /> (1) Keep and maintain public records required by the County to perform the <br /> service. <br /> F:\PublicWorks\ENGlNEERlNG DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services ContracMdmin\2016-2018 Agreemenls\fvlaster Agreement- <br /> Southeaslern.doc <br /> Page 7 of 9 <br />