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FWC Agreement No. Enter CFDA Number(s� <br />C. Procurement of Recycled Products or Materials. <br />Contractor agrees to procure any recycled products or materials which are the <br />subject of or are required to carry out this Contract in accordance with Section <br />403.7065, F.S. <br />Section 26. INDEMNIFICATION. <br />If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), <br />F.S., or as a governmental entity as defined in Subsection 287.012(14), F.S., neither <br />Party indemnifies nor insures the other Party for the other Party's negligence. <br />Recipient is responsible for all personal injury and property damage attributable to <br />the negligent acts or omissions of that party, its officers, employees, volunteers and <br />agents. Nothing contained herein shall be construed or interpreted as denying to any <br />party any remedy or defense available under the laws of the state of Florida, nor as a a <br />waiver of sovereign immunity of the state of Florida beyond the waiver provided for in <br />section 768.28, F.S., as amended. <br />If Recipient is not a state agency or subdivision as defined above, Recipient shall be <br />fully liable for the actions of its agents, employees, partners, or subcontractors and <br />shall fully indemnify, defend, and hold harmless the State and the Commission, and <br />their officers, agents, and employees, from suits, actions, damages, and costs of every <br />name and description, including attorneys' fees, arising from or relating to personal <br />injury and damage to real or personal tangible property alleged to be caused in whole <br />or in part by Recipient, its agents, employees, partners, or subcontractors, provided, <br />however, that Recipient shall not indemnify for that portion of any loss or damages <br />proximately caused by the negligent act or omission of the State or the Commission. <br />The Commission reserves the right to select its counsel. <br />Section 27. NON-DISCRIMINATION. <br />i <br />No person, on the grounds of race, color, religion, gender, pregnancy, national origin, <br />age, handicap, or marital status, shall be excluded from participation in, be denied thel <br />proceeds or benefits of, or be otherwise subjected to discrimination in performance of l <br />this Agreement. <br />Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 35 of 45 <br />295 <br />