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FWC Agreement No. 19240
<br />registered surveyor and mapper, or professional engineer, as applicable) to solicit
<br />or secure this Agreement and that he or she has not paid or agreed to pay any
<br />person, company, corporation, individual, or firm, other than a bona fide employee
<br />working solely for the architect (or registered surveyor and mapper or professional
<br />engineer, as applicable) any fee, commission, percentage, gift, or other
<br />consideration contingent upon or resulting from the award or making of this
<br />contract.
<br />B. Termination for Breach. For the breach or violation of this provision, the Commission shall have
<br />the right to terminate the Agreement without liability and, at its discretion, to deduct from the
<br />Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift,
<br />or consideration.
<br />27. INDEMNIFICATION.
<br />If Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection
<br />768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If
<br />Grantee is not a state agency or subdivision as defined above, Grantee shall be fully liable for the actions
<br />of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless
<br />the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and
<br />costs of every name and description, including attorneys' fees, arising from or relating to personal injury
<br />and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its
<br />agents, employees, partners, or subcontractors, provided, however, that Grantee shall not indemnify for that
<br />portion of any loss or damages proximately caused by the negligent act or omission of the State or the
<br />Commission. If this is a Professional Services Agreement as defined in Subsection 725.08 F.S., then
<br />notwithstanding the provisions of Subsection 725.06 F.S., the design professional shall only be liable for,
<br />and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and
<br />employees, for actions caused in whole or in part, by the negligence, recklessness, or intentionally wrongful
<br />conduct of the design professional and other persons employed or utilized by the design professional in the
<br />performance of the Agreement.
<br />28. NON-DISCRIMINATION.
<br />No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
<br />from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in
<br />performance of this Agreement.
<br />29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE.
<br />This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
<br />laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
<br />as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
<br />or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
<br />invalidity, without invalidating the remainder of such provision or the remaining provisions of this
<br />Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida,
<br />to the exclusion of all other lawful venues.
<br />GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Page 17 of 20
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