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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 UTILITIES
<br /> UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-11'14
<br /> (AT UTILITY EXPENSE)
<br /> (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
<br /> Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices
<br /> (3) Pursue any other remedies legally available.
<br /> c Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
<br /> agreements between the parties nor from any statutory obligations that either party may have with regard
<br /> to the subject matter hereof
<br /> 7. Force Majeure
<br /> Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to
<br /> the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
<br /> beyond the control of the non-performing party and which could not have been avoided or overcome by the
<br /> exercise of due diligence, provided that the party claiming the excuse from performance has (a) promptly
<br /> notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
<br /> effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
<br /> 8. Indemnification
<br /> FOR GOVERNMENT-OWNED UTILITIES,
<br /> To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
<br /> officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
<br /> acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
<br /> performance of the Agreement, whether direct or indirect, and whether to any person or property to which
<br /> FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
<br /> be liable under this section for damages arising out of the injury or damage to persons or property directly
<br /> caused by or resulting from the negligence of the FDOT or any of its officers,agents,or employees during the
<br /> performance of this Agreement.
<br /> When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
<br /> performance of services required under this Agreement, the FDOT will immediately forward the claim to the
<br /> UAO The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen
<br /> (14)working days and will jointly discuss options in defending the claim. After reviewing the claim,the FDOT
<br /> will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO
<br /> to defend the FDOT in such claim as described in this section The FDOT's failure to notify the UAO of a
<br /> claim shall not release the UAO from any of the requirements of this section The FDOT and the UAO will pay
<br /> their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
<br /> participates in the defense of the claim at trial, that party is responsible for all costs
<br /> FOR NON-GOVERNMENT-OWNED UTILITIES,
<br /> The UAO shall indemnify,defend, and hold harmless the FDOT and all of its officers,agents,and employees
<br /> from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
<br /> omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
<br /> whether direct or indirect, and whether to any person or property to which FDOT or said parties may be
<br /> subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
<br /> damages arising out of the injury or damage to persons or property directly caused by or resulting from the
<br /> negligence of the FDOT or any of its officers,agents,or employees during the performance of this Agreement.
<br /> The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate
<br /> and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
<br /> negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for
<br /> indemnification to the UAO The notice of claim for indemnification shall be served by certified mail The
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