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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 <br />PUBLIC TRANSPORTATION STRATEGIC <br />DEVELOPMENT <br />GRANT AGREEMENT Occ09/18 <br />or coverage described herein. The Department's approval or failure to disapprove any <br />policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to <br />procure and maintain the insurance required herein, nor serve as a waiver of any rights the <br />Department may have. <br />e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, <br />the utility shall be added along with the Department as an Additional Insured on the <br />Commercial General Liability policy/ies procured above. <br />19. Miscellaneous: <br />a. Environmental Regulations. The Agency will be solely responsible for compliance with all <br />applicable environmental regulations and for any liability arising from non-compliance with <br />these regulations, and will reimburse the Department for any loss incurred in connection <br />therewith. <br />b. Non -Admission of Liability. In no event shall the making by the Department of any payment <br />to the Agency constitute or be construed as a waiver by the Department of any breach of <br />covenant or any default which may then exist on the part of the Agency and the making of <br />such payment by the Department, while any such breach or default shall exist, shall in no way <br />impair or prejudice any right or remedy available to the Department with respect to such breach <br />or default. <br />c. Severability. If any provision of this Agreement is held invalid, the remainder of this <br />Agreement shall not be affected. In such an instance, the remainder would then continue to <br />conform to the terms and requirements of applicable law. <br />d. Agency not an agent of Department. The Agency and the Department agree that the <br />Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not <br />agents of the Department as a result of this Agreement. <br />e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has <br />not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining <br />an approval of its application for the financing hereunder. <br />f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to <br />observe or enforce compliance with any provision or perform any act or do any other thing in <br />contravention of any applicable state law. If any of the provisions of the Agreement violate any <br />applicable state law, the Agency will at once notify the Department in writing so that <br />appropriate changes and modifications may be made by the Department and the Agency to <br />the end that the Agency may proceed as soon as possible with the Project. <br />g. Execution of Agreement. This Agreement may be executed in one or more counterparts, <br />each of which shall be deemed an original, but all of which shall constitute the same <br />Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf <br />of a party will be legal and binding on such party. <br />h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution <br />of the Agreement, the Department may unilaterally add the FAIN to the Agreement without <br />approval of the Agency and without an amendment to the Agreement. If this occurs, an <br />updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the <br />Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). <br />15 of 25 <br />