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. <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No710-010-21UTILITIES <br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 11114 <br />(AT FDOT EXPENSE) <br />(7) 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 />In the event that 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 sixty (60) <br />days from written notice thereof from the UAO. <br />(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this <br />Agreement, pursue any statutory remedies that the UAO may have for failure to pay <br />invoices. <br />(3) 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 nor from any statutory obligations that either party may have <br />with regard to the subject matter hereof. <br />Force Majeure <br />Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to <br />the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event <br />beyond the control of the non-performing party and which could not have been avoided or overcome by the <br />exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly <br />notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the <br />effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. <br />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 or to require the <br />LIAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of <br />a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will <br />pay 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 />
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