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behalf, that are the result of, arise from, or are based, in whole or <br />in part, on inaccurate or incomplete information provided to <br />Lockton. Client understands that the failure to provide accurate <br />and complete information to an insurer, whether intentional or by <br />error, could result in the denial of claims or rescission of coverage <br />altogether. Client will review all policy documents provided to <br />Client by Lockton and shall inform Lockton of any inaccuracies, <br />deficiencies or discrepancies contained therein. <br />6.8 Use of a Particular Insurer. Lockton is not obligated to utilize <br />any particular insurer. In addition, Lockton is not authorized to <br />make binding commitments on behalf of any insurer, except under <br />certain circumstances which Lockton shall endeavor to make <br />known to Client. Lockton shall not be responsible for the solvency <br />of any insurer or its ability or willingness to pay claims, return <br />premiums or other financial obligations. Lockton does not <br />guarantee or make any representation or warranty that insurance <br />can be placed on terms acceptable to Client. Lockton will not take <br />any action to replace Client's insurers unless Client instructs <br />Lockton to do so. <br />6.9 No Reliance. Any reports or advice provided by Lockton <br />should not be relied upon as accounting, legal, actuarial or tax <br />advice. In all instances, Lockton recommends that Client seek <br />independent advice on such matters from professional accounting, <br />legal, actuarial and tax advisors. <br />6.10 Responsibility for Insurance Programs. Lockton will not be <br />responsible for the adequacy or effectiveness of any insurance <br />programs or policies implemented or placed by another broker, <br />including, without limitation, any acts or omissions occurring prior <br />or subsequent to Lockton's engagement. <br />6.11 Relationship between the Parties. Client acknowledges and <br />agrees that in no event shall Lockton owe any enhanced or special <br />duties to Client, express or implied, in fact or by law, whether <br />referred to as a special relationship or fiduciary relationship or <br />otherwise, except to the extent required by applicable law. <br />G. <br />LOCKTON <br />6.12 Notices. Any communication or notice required or which may <br />be given hereunder shall be addressed to Client and to Lockton at <br />their respective addresses as follows: <br />CLIENT <br />INDIAN RIVER COUNTY <br />1800 27th Street <br />Vero Beach, FL 32960 <br />Attn: Suzanne Boyll <br />Title: Human Resources Director I Indian River County <br />Board of County Commissioners <br />LOCKTON <br />SOUTHEAST SERIES OF LOCKTON COMPANIES, LLC <br />3280 Peachtree Road NE Suite 250 <br />Atlanta, GA 30305 <br />Attn: Manoj Sharma <br />Title: Chief Operating Officer <br />6.13 Governing law and venue. This Agreement shall be <br />governed for all purposes by the laws of the state of Florida. Venue <br />for any disputes shall be in Indian River County, Florida. <br />6.14 E -Verify. Lockton is registered with and will use the <br />Department of Homeland Security's E -Verify system (www.e- <br />verify.gov) to confirm the employment eligibility of all newly hired <br />employees for the duration of this agreement, as required by <br />Section 448.095, F.S. Lockton is also responsible for obtaining proof <br />of E -Verify registration and utilization for all subcontractors. <br />7. PUBLIC RECORDS COMPLIANCE <br />7.1 Client is a public agency subject to Chapter 119, Florida <br />Statutes. Lockton shall comply with Florida's Public Records <br />Law. Specifically, the Lockton shall: <br />(1) Keep and maintain public records required by the Client <br />to perform the service. <br />(2) Upon request from the Client's Custodian of Public <br />Records, provide the Client with a copy of the requested <br />records or allow the records to be inspected or copied within <br />a reasonable time at a cost that does not exceed the cost <br />provided in Chapter 119 or as otherwise provided by law. <br />(3) Ensure that public records that are exempt or <br />confidential and exempt from public records disclosure <br />requirements are not disclosed except as authorized by law <br />for the duration of the contract term and following <br />completion of the contract if the contractor does not transfer <br />the records to the Client. <br />(4) Upon completion of the contract, transfer, at no cost, to <br />the Client all public records in possession of the Contractor or <br />keep and maintain public records required by the County to <br />perform the service. If Lockton transfers all public records to <br />the Client upon completion of the contract, Lockton shall <br />destroy any duplicate public records that are exempt or <br />confidential and exempt from public records disclosure <br />requirements. If the contractor keeps and maintains public <br />records upon completion of the contract, the Contractor shall <br />meet all applicable requirements for retaining public records. <br />Services Agreement <br />Page 4 of 15 <br />