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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION X UTILITIES <br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-06/19 <br />(AT UTILITY EXPENSE) <br />way. <br />The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT <br />determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT <br />determines that use of the right of way is needed for other active utilities that cannot be otherwise <br />accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and <br />without any right of the UAO to object or make any claim of any nature whatsoever with regard <br />thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the <br />event that the LIAO fails to perform the removal properly within the specified time, the FDOT may <br />proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 <br />and 337.404, Florida Statutes. <br />Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall <br />forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT <br />for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the <br />right of way. Said costs shall include, but shall not be limited to, charges or expenses which may <br />result from the future need to remove the Facilities or from the presence of any hazardous substance <br />or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to <br />require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that <br />all other costs and expenses of any nature be the responsibility of the UAO. <br />6. Default <br />a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other <br />remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of <br />the following options, provided that at no time shall the FDOT be entitled to receive double recovery of <br />damages: <br />(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) <br />days from written notice thereof from FDOT. <br />(2) Pursue a claim for damages suffered by the FDOT. <br />(3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments <br />until the breach is cured. The right to withhold shall be limited to actual claim payments <br />made by FDOT to third parties. <br />(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the <br />FDOT or the public against payments due under this Agreement for the same Project. The <br />right to offset shall be limited to actual claim payments made by FDOT to third parties. <br />(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT <br />property if the breach is material and has not been cured within sixty (60) days from written <br />notice thereof from FDOT. <br />(6) Pursue any other remedies legally available. <br />(7) Perform any work with its own forces or through contractors and seek repayment for the cost <br />thereof under Section 337.403(3), Florida Statutes. <br />In the event that the FDOT breaches any provision of this Agreement, then in addition to any other <br />remedies which are otherwise provided for in the Agreement, the LIAO may exercise one or more of <br />the following options: <br />(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) <br />days from written notice thereof from the UAO. <br />Page 6 of 9 <br />