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• <br />CI <br />with ail applicable laws, regulations and FPL's usual practices as sat forth in Article III herein. Nolhing in this <br />section shall be construed to modify or abrogate FPL's legal duty to mitigate damages. <br />ARTICLE VI AUDITS <br />6.1 Audis. All cost records and accounts of FPL directly related to the work performed under this Agreement shall be <br />subject to audit by the Applicant for a period of one year from the completion date of all work performed under this <br />Agreement. Such audits shall be performed by the Applicant and in accordance with the following considerations: <br />(a) the Applicant shall provide FPLwith thirty (30) days written notice requesting an audit, <br />(b) the specific time of audit must be mutually agreed to, <br />(c) information required for audit purposes shall be accounts and records kept by FPL directly related to Relocation <br />and reimbursable costs, <br />(d) the Applicant may request only information reasonably required by it concerning Relocation and such request for <br />information shalt be in writing and shall include the purpose of the audits, <br />(e) FPL shall make available the requested information at its offices during normal business hours, Monday through <br />Friday, <br />(f) the Applicant shalt bear any costs associated with any audits, including FPL costs, if any, and (g) information <br />available under this Agreement shall not be used in violation of any law or regulation. <br />ARTICLE VII - GENERAL CONDITIONS <br />7.1 [benefit of A reement Asst nm_ ort. The provisions of this Agreement shall inure to the benefit of and bind the <br />successors and assigns of the Parties to this Agreement but shall not inure to the benefit of any third party or other <br />person. This Agreement shall not be assigned by either Party except upon receipt of the prior written permission of <br />the other Party. Such permission shall not be unreasonably withheld. <br />7.2 Nonwalyer. The failure of either Party at any time to require performance by the other Party of any provision hereof <br />shall not affect the full right to require such performance at any time thereafter_ Waiver by either Party of a breach of <br />the same provision or any other provision shall not constitute a waiver of the provision itself. <br />7.3 Limitations of Liabillty. Neither Party shall be liable in contract, in tort (including negligence), or otherwise to the other <br />Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or <br />revenue on work not performed, for loss of use or underutilization of the Party's facilities, or loss of use of revenues or <br />loss of anticipated profits resulting from either Party's performance, nonperformance, or delay in performance of its <br />obligations under this Agreement. <br />7.4 Indemnification. The Applicant shall inda ify, dKed <br />fd and hold f armless FPL, its parent, subsidiaries or affiliates <br />and their respective officers, directors and p(colle ' ely "FPL Entities") from and against any liabilities <br />whatsoever, occasioned wholly or in part by tge a of the Applicant, its contractors, subcontractors or <br />employees, including attorney fees, for injury tol of person(s) and properly damage arising or resulting in <br />connection with any activity associated with workce under this Agreement, EXCEPT if the liability arises out of <br />a claim made by an employee of the Applicant, actors or assigns, the Applicant shall indemnify FPL Entities <br />whether or not the damage or liability is due to ed by the sole negligence of FPL Entities. The Applicant's <br />obligation to protect, defend and hold FPL Entiq)d unharmed against such liabilities shall be subject to the <br />limitation set forth in Section 768.28(5) Floridas, sept in the event the Applicant purchases insurance <br />covering the liability with limits in excess oft6a limit the Applicant's obligation shalt extend up to but shall <br />not exceed the limits of that insurance. ; <br />7.5 nsuranee. It the Applicant utilizes its own personnel in the construction or maintenance work around the subject <br />Facilities, the Applicant shall furnish FPL with evidence of insurance maintained by Applicant insuring FPL Entities <br />from liabilities assumed under the above indemnification. Said insurance shall contain a broad form contractual <br />endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and affiliates and their respective <br />officers, directors and employees to be named as additional named insureds on the Applicant's comprehensive <br />general liability policy. Such liability coverage shall be primary to any liability coverage maintained by or on behalf of <br />FPL up to the $1,000,000 limit of liability. <br />In the event that the policy is on a "claims made" basis, the retroactive date of the policy shall be the off ective date of <br />this Agreement or such other date as to protect the interest of FPL and the coverage shall survive the termination of <br />this Agreement until the expiration of the maximum slatutory period of limitations in the State of Florida for actions <br />based in contract or in tort (currently, live year;). If coverage is on an "oc:urrence" basis, such insurance shall be <br />maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or materially <br />altered without at least thirty (30) days written notice to FPL - <br />Page 4 of 6 Govemmenlai Fac,llbus Rotocation Apresmeril (roy. V8/00) <br />