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<br />The Applicant shall provide FPL with evidence of such liability insurance coverage on the standard insurance industry
<br />form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon
<br />reasonable request.
<br />7.6 Cont(aotor Indemnification. The Applicant further agrees to include the following indemnification in all contracts
<br />between the Applicant and its general contractors who perform or are responsible for construction or maintenance
<br />work on or around the subject FPL Facilitiss:
<br />"Tho Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its
<br />parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands,
<br />liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for bodily injuries or
<br />death to person(s) or damage to property resulting in connection with the performance of the described work by
<br />Contractor, its subcontractor, agents or employees. This inclarrtnification shall extend up to but shall not exceed
<br />the sum of $1,000,000.00 for bodily injury or death of persons) or property damage combined single limit and
<br />$3,000,000 occurrence aggregate. In the event the Contractor is insured for liability with limits In excess of
<br />these amounts, Con!ractoVs said obligation, shall extend up to but shall not exceed the limits of that insurance.
<br />Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in
<br />addition to the aforesaid limitation of liability for injury, death and property damage."
<br />7.7 Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the
<br />above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect. The
<br />Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name and address of
<br />Applicant's contractors as specified in section 7.6 above, prior to the commencement of the Relocation of FPL
<br />Facilities by FPL.
<br />7.8 Modification -or Termination of A ream nt. This Agreement may be modified, amended, or terminated at any time by
<br />written agreement of the Parties authorized and executed with the same formality as this Agreement. FPUs
<br />Underground Facilities Distribution Conversion Agreement, if attached hereto, is approved by the Florida Public
<br />Service Commission and may not be modified or amended by the Parties.
<br />7.9 Effect of Headings. The headings set forth herein are for convenience only and shall not be deemed to modify or
<br />affect the rights and obligations of the Parties to this Agreement.
<br />7.10 FPL Consent to Relocation r FPL agrees to the Relocation of the FPL Facilities to the extent necessary to eliminate
<br />Conflicts with the Applicant's construction in accordance with the terms and conditions of this Agreement. The
<br />Applicant shall make all necessary arrangements and agreements with any person or entity which has facilities
<br />attached to the FPL poles for the Relocation of those facilities at no expense to FPL.
<br />7.11 Clegation of Power and Duties and Notice, The following persons are designated as the authorized representatives
<br />of the Parties for the purposes of this Agreement and all notices or other communications to either Party by the other
<br />shall be made in writing and addressed as follows:
<br />To the Applicant: Fran Adams, Chairman of the Indian River County Commissioners
<br />1920 25, Si re at
<br />Vero Beach, Florida 32950
<br />With Copies to:
<br />For FPL: Eduardo Garcia, Transmission Lines Coordinator
<br />FLORIDA POWER & LIGHT COMPANY
<br />P 0 Box 14000
<br />,luno Beach, Florida 33409.0420
<br />7.12 Force Maseure.
<br />(a) Neither Party shall be liable or responsible for any delay in the performance of, or the ability to perform, any duty
<br />or obligation required by this Agreement in the event of a force majeure occurrence. Such occurrence shall
<br />include, but shall not be limited to acts of civil or military authority (including courts or administrative agencies),
<br />acts of God, war, dot, or insurrection, inability to obtain required permits or licenses, blockades, embargoes,
<br />sabotage, epidemics, fires, unusually severe floods or weather„ strikes, lockouts or other labor disputes or
<br />ini difficulties. The obligation of either Party 10 pay money in a timely manner is absolute and shall not be subject to
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