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C-1 • 4W 40 waw Iaaeh... cowlawlim aoe•ty% POP. iKp provisions of the Agreemena violate any aplibeable State Law, tate Agency will at once notify the Department in writing in order that appropriate changes and rnot ifrcatfons may be made by the Department arrf the Agency to the and that the Agency maty proceed as soon as possible with the project. M07 Corm`acwal TndemnkY. To die extent pernutted by law. the Agency shall inckmnify, defend, save, and hold harmless the Deparvaent and all its officers. agents and employees from arty cWm, loss, damage, cost charge or experw arising out Of am acs, error. Maission, or negbgem act by die Agency. its agerm, or employees during the performance of tit; Agrtenient, except that neither the Agency, its agents, or its eOq*3yces will be liable under this Wagraph for airy claim, loss damage. cost, charge or 4xperine arising out of am act. error. oinhssaon. or negligent act bv tht Department or any of its officers, agents, or employees ditrigg dIC performance of the Agreement. The parties aprer_ that liths clause shall not waive the beriefits or provhstotas of Chapter 76$.28, Florida Sututes or any similar provision of law. When the Department receives a imticc of claim for damages that may have ban caused by the Agency to the perfbrvurue Of services required molder this Agreement, the C]epi rmienl will im. �±W4Y fOnvard the claim to the Agency. "rhe Agency Arid the Dgwvmm will evm)uate the claire and report their findings ao tach other wittiin fourteen (14) working days and will jointly discuss Options in defending the claim. After reviewing the cLurn, the Department will determine whedier 10require the participation of the Agency in the defense of the claim or to regarire the A ictscy defend the Depiinlnern in such u described in this section. The Departmsent's failure to promptly n+fy the Agency of a claim shall not act at a waiver of light herein to require quire the Participation in or defense of the claim by the Agency. The 13epasmient and mfr Agency will each pay its own expenses for the evaluation, settlement negotiations, andtrial. if any. However, if only one parry partirapates in rry the defense of the claim at trial, that pais responsible for all expenses at trial. 1-1-08 IUM avid Spaci kmbatts: In the event tint this Agreement involves oornstusong and equipping of facilities on the State Highway System. the Agee.y shall submit to die Deparmhem for approval all approgrtate plans and specifications covering the project. The Department will review all plans and specification and will issue mm the Agency wriuen approval with any approval portions of tie project and comments or rcoornmenclatom mvenng any remainder of the project deemed appn)priz%e. After resolution of these comments and recommendations to the Department's satisfaction, die Deparunent will issue w the Agency written approval with said tenainder of the project. Failure to obtain this wri xen approval "I be sufficient cause of nonpayment by the Department_ 12.09 Azetty Caiifacfl(M; The Agency will certify in writing prior 10 ptojea closeout that the project was completed in accordance with appli-* plans and Rw4ficati0ns, is in plan on the Agency facility. dut adequate true is in the Army ant! Jtat the project is accepted by the Agency as suitable for the intended purpose. 12.10 Agrremertt Format All words awed herein in the singular form shall extend to and include the plural. All words used die plural form shall extern} to and include the singular. AU words used in am gender shall extend to and incltsde all geodefs. Fxoatrtion of Agrewwm : This Agreement may be simultaneously exectned in a minimum of two counterparts, each ,f which so executed shall be deemed to be an origiral, and such courtGrp m axf;rthrr %zlT cnm'i77ltc Chi;, tW a, name nsmtmen?, :.12 Restrictiohtis on Lohbying: ederal. The Agency agrees tial no fedora] appropriated funds have been paid or will be paid by or cn behalf of the Agency, any person for k fltrncing Of anrn>pdDg 10 infhrertea arty officer or employee of any federal agency, a Member of Con?—", I officer or a tTJoyee of Congress, or an employee of a Member of r~,. "nand, ix ak4 vi airy fcxseraf grant, the making of any federal loan entering cito of an the awarding of any fr &n.l :e exte Y cooperative at;rvrttcat. ar l tsion, cot mwuion, renewal, arrleadmem or rnxitfi6cat±att of any fe cal 'sem t, grant. loan or cooperative agreement. Endtibit II 2-1 local !may pry Agreeasrt ?`-4-10