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"Entity" for the purposes of the below indemnification) who perform work in connection <br />with this Agreement: <br />"To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the <br />[RECIPIENT] and the State of Florida, Department of Transportation, including the <br />Department's officers, agents, and employees, against any actions, claims, or damages <br />arising out of, relating to, or resulting negligent or wrongful act(s) of [ENTITY], or any of <br />its officers, agents, or employees, acting within the scope of their office or employment, in <br />connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent <br />and within the limitations of Section 768.28, Florida Statutes. <br />The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond <br />the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed <br />to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or <br />omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall <br />the same be construed to constitute agreement by [ENTITY] to indemnify the Department <br />for the negligent acts or omissions of the Department, its officers, agents, or employees, <br />or third parties. This indemnification shall survive the termination of this "Agreement." <br />10.08 Miscellaneous Provisions <br />A. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all <br />subcontracts the obligation to comply with s.20.055(5), Florida Statutes. <br />[The remainder of this page was left blank intentionally] <br />Agreement (Public Works) REV 04-07 - 00520 - 10 <br />F:\Purchasing\Bids\2023-2024 FY (2024000)\2024006 Trans -Florida Railway Trail from Fells mere to West of 1-95\Award documents\IRC-211S_Sample Agreement.d— <br />