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A TRUE COPY <br />-RTIFICATION ON LAST PAGE <br />R. SMITH, CLERK <br />EXHIBIT P <br />STATE -FUNDED GRANT AGREEMENT ADDENDUM <br />THIS STATE -FUNDED GRANT AGREEMENT ADDENDUM ("Addendum") is made and entered <br />into by and between the State of Florida Department of Transportation ("Department") and INDIAN RIVER <br />County, Florida ("Recipient"). <br />-RECITALS- <br />1. The terms and provisions set forth in this Addendum are incorporated in and made part of the <br />State -Funded Grant Agreement, Financial Project Number: 438074-1-54-01 ("Grant Agreement") executed <br />contemporaneously; and <br />2. This Addendum shall be merged into and made part of the Grant Agreement and both documents <br />shall be collectively referred to herein as the "Agreement"; and <br />3. The sole purpose of this Addendum is to revise the indemnification provision of the Grant <br />Agreement; and <br />4. In the event of any conflict or inconsistency between the Grant Agreement and this Addendum, <br />the provisions of this Addendum shall control. <br />NOW THEREFORE, with full knowledge and understanding of the laws governing the subject <br />matter of this Agreement, and in consideration of the recitals and the mutual covenants and conditions <br />contained in this Agreement, the parties, intending to be legally bound hereby, acknowledge and agree as <br />follows: <br />1. RECITALS AND EXHIBITS <br />The above recitals are specifically incorporated by reference and made part of this Agreement. <br />2. EFFECTIVE DATE <br />The "Effective Date" of this Agreement shall be the date the last of the parties to be charged executes the <br />Agreement. <br />3. INDEMNIFICATION AND INSURANCE <br />The parties specifically agree that Paragraph 14, Subsection C of the Grant Agreement is stricken in its <br />entirety and replaced with the following: <br />C. Recipient agrees to include the following indemnification in all contracts with <br />contractors, subcontractors, consultants, or subconsultants (each referred to <br />as "Entity" for the purposes of the below indemnification) who perform work <br />in connection with this Agreement: <br />"To the extent provided by law, [ENTITY] shall indemnify, defend, and hold <br />harmless the [RECIPIENT] and the State of Florida, Department of Transportation, <br />including the Department's officers, agents, and employees, against any actions, <br />claims, or damages arising out of, relating to, or resulting from negligent or wrongful <br />act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the <br />scope of their office or employment, in connection with the rights granted to or <br />exercised by [ENTITY] hereunder. <br />This indemnification shall survive the termination of this Agreement." <br />All other terms and conditions of the Grant Agreement shall remain unchanged and in full force and effect. <br />State -Funded Grant Agreement Addendum Page 1 <br />