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8.5 The insurance policies procured, other than professional liability, shall be occurrence
<br />forms, not claims made policies.
<br />8.6 FLORIDA TECH shall indemnify and hold harmless the County and its commissioners,
<br />officers, employees and agents, from liabilities, damages, losses, and costs, including, but not
<br />limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
<br />intentionally wrongful conduct of its students, agents, and other persons employed or utilized by
<br />FLORIDA TECH in the performance of this Agreement.
<br />8.7 COUNTY shall indemnify and hold harmless FLORIDA TECH and its respective
<br />directors, officers, employees, students, and agents, from liabilities, damages, losses, and costs,
<br />including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
<br />recklessness, or intentionally wrongful conduct of COUNTY or its employees or agents in
<br />connection with the performance of this Agreement.
<br />9. TERMINATION
<br />9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty
<br />(3o) days' prior written notice to FLORIDA TECH; or (b) by FLORIDA TECH, for any reason,
<br />upon thirty (3o) days' prior written notice to the COUNTY; or (c) by the mutual Agreement
<br />of the parties; or d) as may otherwise be provided below. In the event of the termination of
<br />this Agreement, any liability of one party to the other arising out of any Services rendered, or
<br />for any act or event occurring prior to the termination, shall not be terminated or released.
<br />9.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to
<br />FLORIDA TECH shall be payment for all previously agreed upon expenses incurred through
<br />the termination date. Such payment shall be determined on the basis of the hours of work
<br />performed by the FLORIDA TECH, or the percentage of work complete as estimated by
<br />FLORIDA TECH and agreed upon by the COUNTY up to the time of termination. In the event
<br />of such termination, the COUNTY may, without penalty or other obligation to FLORIDA
<br />TECH, elect to employ other persons to perform the same or similar services.
<br />9.3 In the event of termination of this Agreement, FLORIDA TECH agrees to surrender
<br />any and all documents prepared by FLORIDA TECH for the COUNTY in connection with this
<br />Agreement.
<br />9.4 The COUNTY may terminate this Agreement for refusal by FLORIDA TECH to allow
<br />public access to all documents, papers, letters, or other material subject to the provisions of
<br />Chapter 119 Florida Statutes and made or received by FLORIDA TECH in conjunction with
<br />this Agreement.
<br />9.5 The COUNTY may terminate this Agreement in whole or in part if FLORIDA TECH
<br />submits a false invoice to the COUNTY.
<br />9.6 FLORIDA TECH certifies that it and those related entities of FLORIDA TECH, as
<br />defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created
<br />pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER
<br />may terminate this Agreement if FLORIDA TECH, including all wholly owned subsidiaries,
<br />majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is
<br />found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in
<br />a boycott of Israel as set forth in section 215.4725, Florida Statutes.
<br />10. MISCELLANEOUS PROVISIONS
<br />a]
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