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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGG-11'1 (AT UTILITY EXPENSE) way. e The LIAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove In the event that the LIAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337 403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO 6. Default a. In the event that the LIAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement,the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages (1) Terminate this Agreement if the breach is material and has not been cured within sixty(60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement,withhold reimbursement payments until the breach is cured The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement,offset any damages suffered bythe FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty(60)days from written notice thereof from FDOT (6) Pursue any other remedies legally available (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337 403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement,the UAO may exercise one or more of the following options. (1) Terminate this Agreement if the breach is material and has not been cured within sixty(60) days from written notice thereof from the UAO. Page 6 of 9