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DocuSign Envelope ID: 0196401F-AD57-4F3A-BA4D-36650F82B203 subrecipient, Brightline Trains Florida, LLC (`Brightline"), and that the County is entering into this Agreement in reliance upon Brightline's commitments to the County under the terms of the Settlement Agreement between the County and Brightline Trains Florida, LLC, dated effective as of June 8, 2021 (the "Settlement Agreement"). Nothing in this Agreement shall be construed as requiring the County to perform any activity which is outside ofthe scope of services of the Project as defined in Exhibit "A", or which is in excess of the funding available under this Agreement. The County shall provide quantifiable, measurable, and verifiable units of deliverables. The Project, the quantifiable, measurable, and verifiable units of deliverables, the minimum level of service to be performed and the criteria for evaluating successful completion are described more fully in Exhibit "A". 4. The County, either itself or through the County's subrecipient, shall be responsible for obtaining clearances/permits required for the construction of the Project from the appropriate permitting authorities. Execution of this Agreement constitutes a certification by the County that the Project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Department shall have no liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits. 5. The County will require its subrecipient to undertake the design, permitting, construction, and oversight of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Federal Railroad Administration and County standards and specifications. a. The County will task its subrecipient with responsibility for preparation of all design plans that are necessary for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD), Federal Railroad Administration requirements, and the AASHTO Policy on Geometric Design of Streets and Highways. b. Execution of this Agreement by both parties shall be deemed a Project notice to proceed to the County for the Project. Any work performed prior to the execution of this Agreement or after the expiration or earlier termination of this Agreement is not subject to reimbursement. C. The Department shall have the right, but not the obligation, to independently evaluate the work being performed on the Project. d. The County is responsible for ensuring that the work under this Agreement is performed in accordance with the approved Project documents, and that it will meet all applicable County requirements, including the requirements of the Settlement Agreement. 2