1999-317a - Laserfiche WebLink

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The member receiving the grant(s) for construction or maintenance activities associated with the NETWORK shall be solely responsible for performing any and all reporting requirements associated with the receipt of such grant funds, and the submittal of any and all documentation necessary for reimbursement of expenses under any associated grant agreement. SECTION 16. Insurance Each member of the CONSORTIUM acknowledges that the NETWORK is not covered by a commercial property insurance policy. Any costs associated with repairs to, or restoration of, the NETWORK shall be shared between the members of the CONSORTIUM in the same proportion as they bore the original installation costs of the affected area, until such time as the percent of utilization changes between members. Joint property insurance coverage of the NETWORK may only be acquired when all members of the CONSORTIUM that utilize the area for which coverage is desired agree on the need for property insurance coverage. Should property insurance coverage be acquired, its cost shall be shared between the members in accordance with the cost sharing provisions of this Agreement. Each member of the CONSORTIUM shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, including, but not limited to, liability insurance coverage, and in what amounts, it should carry relative to the associated risks. SECTION 17. Indemnification, Hold Harmless Each member of the CONSORTIUM, to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes and any subsequent revisions thereto, agrees to indemnify, defend and hold harmless the other members of the CONSORTIUM and respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property, caused by the negligence of the indemnifying member in connection with this Agreement. SECTION 18. Damage Caused by Disasters Should the Primary Route of the NETWORK be damaged or destroyed by a natural or man- made event to the extent that the cost to repair or replace the line, including utility pole replacement, exceeds 50% of the original installation costs, this Agreement is automatically terminated unless the governing body of each member of the CONSORTIUM authorizes its continuation and associated funding to repair or restore the affected area(s). However, those portions of the NETWORK which are: 1) licensed for use to a third party with the associated License Agreement requiring replacement of the line for the continuation of such License Agreement, and/or 2) used for the operation of the 800 MHz radio system, shall be repaired Joint Fiber Optics Project - Interlocal Agreement Page 11 of 18