2020-020 - Laserfiche WebLink

Home Browse Search

5. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 6. DEVELOPER'S Obligations: The procurement and installation shall be the DEVELOPER's responsibility and expense until such time the completion of necessary testing, acceptance and dedication of the Generator Improvements to Indian River County Utilities Department per their Water & Wastewater Utility Standards, current edition. Installation of the Generator Improvements shall be subject to COUNTY review and approval. 7. Entire AGREEMENT Except for the Declaration of Covenant Regarding Removal of Structure and associated improvements, this AGREEMENT embodies the entire AGREEMENT between the parties relative to the subject matter hereof, and there are no oral or written AGREEMENTS between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 8. Governing Law & Jurisdiction: This AGREEMENT shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this AGREEMENT shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this AGREEMENT have participated freely in the negotiation and preparation hereof. Accordingly, this AGREEMENT shall not be more strictly construed against any one of the parties hereto. 9. Insurance and Indemnification: The DEVELOPER shall ensure that the selected contractor and any subcontractor provides to the COUNTY upon request a certificate of commercial general liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $1,000,000 combined single limit for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall ensure that the selected contractor will provide to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to approval by the COUNTY'S risk manager in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER shall ensure the selected contractor will provide to the COUNTY a certificate of statutory workers' compensation insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). The DEVELOPER shall provide to the COUNTY at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S risk manager, prior to cancellation or modification of any required insurance. -Page 3 -