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<br />FORI.I !?3-010-40
<br />CONST RUCTION
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<br />provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order
<br />that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
<br />proceed as soon as possible with the project.
<br />12.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless
<br />the Department and all its officers, agents and employees from any claim, loss, damage, cost charge or expense arising out
<br />of any act, error, omission, or negligent act by the Agency, its agents, or employees daring the performance of the Agreement,
<br />except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss damage, cost.
<br />charge or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or
<br />employees during the performance of the Agreement.
<br />Thees agree that this clause shall not waive the bene
<br />para gr fats ,;r provistoru 6i Chapter 768.215. Florida Statutes or any similar
<br />provision of law.
<br />When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance
<br />of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency
<br />and the Department will evaluate the claim and report their findings to each other within fourteen (14) worldng days and will
<br />jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require
<br />the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as
<br />described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any
<br />right herein to require the participation in or defense of the claim by the Agency- The Deparmient and the Agency will each
<br />pay its own expenses for the evaluation, settlement negotiations, and trial, if anv. However, if only one party participates in
<br />the defense of the claim at trial, that party is responsible for all expenses at trial.
<br />L_0$ Flans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State
<br />Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
<br />project. The Department will review all plans and specification and will issue to the Agency written approval with any
<br />approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate.
<br />After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the
<br />Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause
<br />of nonpayment by the Department.
<br />1-1.09 Agency Certification: The Agency will certify in writing prior to project closeout that the project was completed in
<br />accordance with applicable plants and specifications, is in place on the Agency facility, that adequate title is in the Agency and
<br />that the project is accepted by the Agency as suitable for the intended purpose.
<br />12.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used
<br />in the plural form shall extend to and include the singular. All words used in any gender shall extend to and incl! +e en . d__.
<br />12.11 Execution of AQrepiment: This Agreement miav w simulEareousiy executed in a minimum of two counterparts, each
<br />of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
<br />instrument.
<br />12.12 Restrictions on Lobbying:
<br />Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency,
<br />Lo any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
<br />an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal
<br />•ontract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
<br />the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
<br />Exhibit II -2-1 Local Agency Progtaca Agteertiett
<br />2-2-10
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