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8. DEVELOPER'S Obligations: <br />The design, preparation of contract documents, permitting, and construction of the Water <br />Main shall be the DEVELOPER's responsibility and expense until such time the necessary <br />testing, acceptance of the FDEP Certification of Completion, and acceptance of the Water Main <br />dedication to IRCDUS per IRCDUS's Water & Wastewater Utility Standards, May 2019 or latest <br />edition, has been completed and 1 -year warranty is in place. <br />10. Entire Agreement <br />This Agreement embodies the entire agreement between the parties relative to the subject <br />matter hereof, and there are no oral or written agreements between the parties, nor any <br />representations made by either party relative to the subject matter hereof, which are not <br />expressly set forth herein. <br />11. Governing Law & Jurisdiction: <br />This Agreement shall be governed by the laws of the State of Florida and the laws of the United <br />States pertaining to transactions in such state, and all actions arising out of this Agreement <br />shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the <br />United States District Court for the Southern District of Florida. All of the parties to this <br />Agreement have participated freely in the negotiation and preparation hereof. Accordingly, <br />this Agreement shall not be more strictly construed against any one of the parties hereto. <br />12. Insurance and Indemnification: <br />The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any <br />work, the selected contractor and any subcontractor provides to the COUNTY a certificate of <br />commercial general liability insurance with a reputable insurance company subject to approval <br />by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for <br />bodily injury and property damage in accordance with the COUNTY'S Administrative Policy <br />Manual. The DEVELOPER shall ensure that, at least ten (10) business days prior to the <br />commencement of any work the selected contractor and any subcontractor provides to the <br />COUNTY a certificate of business auto liability insurance with a reputable insurance company <br />subject to approval by the COUNTY'S risk manager in an amount not less than $3,000,000 per <br />occurrence combined single limit for bodily injury and property damage in accordance with the <br />COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability <br />insurance policies shall name Indian River County, a political subdivision of the State of Florida, <br />as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10) <br />business days prior to the commencement of any work the selected contractor and any <br />subcontractor provides to the COUNTY a certificate of statutory workers' compensation <br />insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease <br />(policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S <br />Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) <br />days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S <br />risk manager, prior to cancellation or modification of any required insurance. <br />Page 3 <br />