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9. AGREEMENT TERMINATION <br />In addition to those conditions otherwise contained herein, this Agreement may be <br />terminated under any one (1) of the following conditions. <br />(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this <br />Agreement, following ten (10) days written notice. <br />(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all <br />documents, papers, letters, or other material subject to the provisions of Chapter <br />119, Florida Statutes,' and made or received by the AGENCY in conjunction with <br />this Agreement. <br />10. AGREEMENT TERM <br />A. The term of this Agreement commences upon execution by all parties. The term of <br />this Agreement shall remain in effect for twenty-five (25) years. <br />B. If the DEPARTMENT chooses not to implement the landscape improvements <br />described in Exhibit "B", this Agreement becomes void and the original Agreement <br />is reinstated if any. <br />11. LIABILITY AND INSURANCE REQUIREMENTS <br />A. With respect to any of the AGENCY'S agents, consultants, sub -consultants, <br />contractors, and/or sub -contractors, such party in any contract for the landscape <br />improvements shall agree to indemnify, defend, save and hold harmless the <br />DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising <br />out of, because of or due to any intentional and/or negligent act or occurrence, <br />omission or commission of such agents, consultants, subconsultants, contractors <br />and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written <br />evidence of the foregoing upon the request of the DEPARTMENT. It is specifically <br />understood and agreed that this indemnification clause does not cover or indemnify <br />the DEPARTMENT for its own negligence. <br />B In the event that AGENCY contracts with a third party to provide the services set <br />forth herein, any contract with such third party shall include the following provisions: <br />(1) AGENCY'S contractor shall at all times during the term of this Agreement keep <br />and maintain in full force and effect, at contractor's sole cost and expense, <br />Comprehensive General Liability with minimum limits of $1,000,000.00 per <br />occurrence combined single limit for Bodily Injury Liability and Property Damage <br />Liability and Worker's Compensation insurance with minimum limits of <br />$500,000.00 per Liability. Coverage must be afforded on a form no more <br />restrictive than the latest edition of the Comprehensive General Liability and <br />Worker's Compensation policy without restrictive endorsements, as filed by the <br />Insurance Services Office and shall name the DEPARTMENT as an additional <br />insured on such policies. <br />S 1iransporiatIon Development\PM\PA\Landscape Architecture\AGREEMENTSi1 MOA\INDIAN RIVER <br />COUNTYUndiariRl r_SR 5_228583-2\ind!anIRiver SR5_228583-2&228532-4(11-13-11) docx <br />Page 6 of 20 <br />