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work, the selected contractor and any subcontractor provides to the COUNTY a certificate of
<br />commercial general liability insurance with a reputable insurance company subject to approval
<br />bythe COUNTY's risk manager in an amount not less than $3,000,000 combined single limitfor
<br />bodily injury and property damage in accordance with the COUNTY'S Administrative Policy
<br />Manual. The DEVELOPER shall ensure that, at least ten (10) business days prior to the
<br />commencement of any work the selected contractor and any subcontractor provides to the
<br />COUNTY a certificate of business auto liability insurance with a reputable insurance company
<br />subject to approval by the COUNTY'S risk manager in an amount not less than $3,000,000 per
<br />occurrence combined 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 shall name Indian River County, a political subdivision of the State of Florida,
<br />as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10)
<br />business days prior to the commencement of any work the selected contractor and any
<br />subcontractor provides to the COUNTY a certificate of statutory workers' compensation
<br />insurance and employers' liability with a limit of $100,000 for each accident, $500,000 disease
<br />(policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S
<br />Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30)
<br />days' written notice by registered mail, return receipt requested, addressed to the COUNTY'S
<br />risk manager, prior to 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, damages, 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 loss of any property arising out of, resulting from, be occasioned by, or in
<br />connection with the performance or nonperformance of any work contemplated by this
<br />Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any
<br />act, default, negligence, or omission of any representative, agent, client, and/or employee of
<br />DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any
<br />judgments that may be entered in connection therewith, including attorney fees.
<br />DEVELOPER shall indemnify the COUNTY against any claim fordamage that any utility, whether
<br />publicly or privately owned, may sustain or receive in connection with any work contemplated
<br />by this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever
<br />against the COUNTY for damages that it may suffer by reason of the installation, construction,
<br />reconstruction, operation, and/or maintenance of any public improvement, or utility, whether
<br />presently in place or which may in the future be constructed or installed, including but not
<br />limited to, any water and/or sanitary water mains and/or storm water facilities, and whether
<br />such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure
<br />of any installation, natural causes, or from any other cause of whatsoever kind or nature. It is
<br />the intention of this indemnification agreement on the part of DEVELOPER, and a condition of
<br />this Agreement, that it shall be full and total indemnity against any kind or character of claim
<br />whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend
<br />any and all suits, claims, and causes of action brought against the COUNTY arising out of or in
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