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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J.R. SMITH, CLERK
<br /> remain available to the County. If cash is posted, a Cash Deposit and Escrow Agreement will
<br /> be entered into between the posting party and the County.
<br /> 4. Developer shall procure and keep in effect comprehensive general
<br /> liability insurance in the limits of $2,000,000.00 each occurrence for bodily injury or death and
<br /> $2,000,000.00 property damage each occurrence, covering all obligations of Developer to
<br /> indemnify the Florida East Coast Railway, .LLC by Contractual Assumed Liability Endorsement,
<br /> Alternatively, Developer may procure and keep in effect until the end of the 1-year warranty period,
<br /> .Railroad Protective Liability Policies insuring the Florida -East Coast Railway, LLC directly
<br /> as insured against losses and damages with the limits specified in this paragraph. All such
<br /> insurance, directly or indirectly for the benefit of the Florida East Coast Railway, LLC, shall be in
<br /> a form satisfactory to the Florida East Coast Railway, LLC's Manager of Insurance and issued by
<br /> a casualty company/insurance company authorized to do business in the State of Florida that has
<br /> a "Best's" rating of A or A+ and a financial category of Class XII or higher. The Developer shall
<br /> also, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required
<br /> in the State of Florida. All such insurance, directly or indirectly for the benefit of the Florida East
<br /> Coast Railway, LLC, shall be in a form satisfactory to the Florida East Coast Railway, LLC's
<br /> Manager of Insurance and issued by a casualty company/insurance company authorized to do
<br /> business in the State of Florida that has a "Best's" rating of A or A+ and a financial category
<br /> of Class XII or higher. Indian River County shall be listed as an additional insured under this
<br /> policy. Developer, Developer's contractors or Developer's subcontractors shall not begin
<br /> construction, installation or any other work associated with the Improvements on Florida East
<br /> Coast Railway, LLC property until the Developer presents satisfactory proof of meeting these
<br /> requirements to the County.
<br /> Developer agrees that it shall and will at all times hereafter indemnify, defend
<br /> and save harmless the Florida East Coast Railway, LLC from and against all judgements, and
<br /> all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain
<br /> or in anywise be subjected to on account of or occasioned by the operations of the Developer,
<br /> or an of
<br /> y Developer's Developers contractors or Develo s subcontractor
<br /> p s, or some or all of them
<br /> whether directly or indirectly under, or pursuant to, this Contract, including any such Costs
<br /> arising from the death, bodily injury or personal injury of, as follows.
<br /> Of
<br /> any person, including without limitation upon the generality of the foregoing
<br /> description, employees and officers of Florida East Coast Railway, LLC employees and officers
<br /> or materialmen, employees and officers of Developer, employees and officers or all Developer
<br /> subcontractors, and from loss, damage, injury and loss of use of any real or personal property
<br /> (a) in which Florida East Coast Railway, LLC has any ownership interest, and (b) personal
<br /> property in the custody of Florida East Coast Railway, LLC under any transportation contracts,
<br /> including without limitation upon the generality of the two foregoing enumerations, all railroad
<br /> equipment commonly described as rolling stock and the contents of the same.
<br /> Developer agrees to indemnify, hold harmless, and defend the County against any
<br /> and all claims, damages, losses, and expenses, including attorney's fees, for property damage,
<br /> personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the
<br /> Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers,
<br /> relating to the construction of the Improvements.
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