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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-56
<br />UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT UTILITIES
<br />(AT UTILITY EXPENSE) 11/14
<br />from written notice thereof from the FDOT.
<br />(2) Pursue a claim for damages suffered by the FDOT
<br />(3) 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 60 days from written notice
<br />thereof from the FDOT until such time as the breach is cured.
<br />(4) Pursue any other remedies legally available.
<br />(5) 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 />b. In the event 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 UAO 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 60 days
<br />from written notice thereof from the UAO.
<br />(2) Pursue any other remedies legally available.
<br />C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to
<br />other agreements between the parties or from any statutory obligations that either party may have with
<br />regard to the subject matter hereof.
<br />4. Indemnification
<br />FOR GOVERNMENT-OWNED UTILITIES,
<br />To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
<br />officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
<br />acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
<br />performance of the Agreement, whether direct or indirect, and whether to any person or property to which
<br />FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
<br />be liable under this section for damages arising out of the injury or damage to persons or property directly
<br />caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the
<br />performance of this Agreement.
<br />When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
<br />performance of services required under this Agreement, the FDOT will immediately forward the claim to the
<br />UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen
<br />(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT
<br />will determine whether to require the participation of the UAO in the defense of the claim orto require the UAO
<br />to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a
<br />claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay
<br />their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
<br />participates in the defense of the claim at trial, that party is responsible for all costs.
<br />FOR NON -GOVERNMENT-OWNED UTILITIES,
<br />The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees
<br />from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
<br />omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
<br />whether direct or indirect, and whether to any person or property to which FDOT or said parties may be
<br />subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
<br />damages arising out of the injury or damage to persons or property directly caused by or resulting from the
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