|
subject to approval by the COUNTY'S risk manager in an amount not less than $3,000,000 per
<br />occurrence com bin W single limit for bodily injury and property damage in accordance with the
<br />COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability
<br />insurance policies s iall name Indian River County, a political subdivision of the State of Florida,
<br />as an additional in ured. In addition, the DEVELOPER shall ensure that, at least ten (10)
<br />business days prio to the commencement of any work the selected contractor and any
<br />subcontractor pro ides to the COUNTY a certificate of statutory workers' compensation
<br />insurance and empl yers' liabilitywith a limit of $100,000for each accident, $500,000 disease
<br />(policy limit) and 100,000 disease (each employee) in accordance with the COUNTY'S
<br />Administrative Poli Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30)
<br />days' written notic by registered mail, return receipt requested, addressed to the COUNTY'S
<br />risk manager, prior o cancellation or modification of any required insurance.
<br />The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers,
<br />employees and agents (collectively the "Indemnitees"), and each of them from and against any
<br />loss, costs, damage, claims, third party claims, expenses (including attorneys' fees) or liabilities
<br />(collectively referred to as "Liabilities") by reason of any injury to or death of any person or
<br />destruction or losslof any property arising out of, resulting from, be occasioned by, or in
<br />connection with th'e performance or nonperformance of any work contemplated by this
<br />Agreement which i�nce,
<br />or is alleged to be directly or indirectly caused, in whole or in part, by any
<br />act, default, neglig or omission of any representative, agent, client, and/or employee of
<br />DEVELOPER, and DI VELOPER shall indemnify the COUNTY against any such claims and any
<br />judgments that maV be entered in connection therewith, including attorney fees.
<br />DEVELOPER shall ins
<br />publicly or privately
<br />by this agreement.
<br />against the COUNT)
<br />reconstruction, ope
<br />presently in place c
<br />limited to, any wate
<br />such damage is due
<br />of any installation, i
<br />the intention of this
<br />this Agreement, thi
<br />whatsoever that m,
<br />any and all suits, cla
<br />connection with am
<br />judgment orjudgmi
<br />against the COUNT
<br />lemnify the COUNTY against any claim for damage that any utility, whether
<br />owned, may sustain or receive in connection with any work contemplated
<br />DEVELOPER shall not make any claim of any kind or character whatsoever
<br />for damages that it may suffer by reason of the installation, construction,
<br />ration, and/or maintenance of any public improvement, or utility, whether
<br />r which may in the future be constructed or installed, including but not
<br />r and/or sanitary sewer mains and/or storm sewer facilities, and whether
<br />to flooding, infiltration, backflow, and/or seepage caused from the failure
<br />atural causes, or from any other cause of whatsoever kind or nature. Itis
<br />indemnification agreement on the part of DEVELOPER, and a condition of
<br />t it shall be full and total indemnity against any kind or character of claim
<br />y be asserted against the COUNTY. DEVELOPER hereby agrees to defend
<br />ims, and causes of action brought against the COUNTY arising out of or in
<br />work contemplated by this agreement, and DEVELOPER agrees to pay any
<br />!nts, including attorney fees, that may be rendered against the COUNTY or
<br />officers, employees or agents in connection therewith.
<br />12a. Indemnification Savings Clause:
<br />In the event any of the foregoing indemnification clauses under Section 12 is found to be
<br />Page 4 238
<br />
|