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7. Contamination of the soil, groundwater, surface water, storm water, air or the
<br />environment by fuel, gas, chemicals or any other substance deemed by the Environmental
<br />Protection Agency or other regulatory agency to be an environmental contaminant by the
<br />Design -Builder or the Design -Builder's officers, employees, agents, volunteers, subcontractors,
<br />invitees, or any other person whether the liability, suit, claim, expense, loss, cost, fine or
<br />damages, but only to the extent caused by the Design -Builder.
<br />11.2 In addition to the duty to indemnify and hold harmless, Design -Builder will have the
<br />separate and independent duty to defend the Owner, its members, officers, agents, employees,
<br />and volunteers from all suits, claims or actions of any nature seeking damages, equitable or
<br />injunctive relief, expenses, losses, costs, royalties, fines or attorney's fees in the event the suit,
<br />claim, or action of any nature arises from the indemnification obligations described in Section
<br />11.1.
<br />This duty to defend exists immediately upon presentation of written notice of a suit, claim or
<br />action of any nature to the Design -Builder by a party entitled to a defense hereunder. This duty
<br />to defend obligation expressly applies, and shall be construed to include, any and all claim(s)
<br />caused in part by the negligence, acts, or omissions of the Owner, its members, officers, agents,
<br />employees, and volunteers as limited by Fla. Stat § 725.06. In the event of a conflict, Fla. Stat §
<br />725.06 shall control.
<br />11.3 If the above indemnity or defense provisions or any part of the above indemnity or defense
<br />provisions are limited by Fla. Stat. § 725.06(2)-(3) or Fla. Stat. § 725.08, then with respect to the
<br />part so limited, Design -Builder agrees to the following: To the maximum extent permitted by
<br />Florida law, Design -Builder will indemnify and hold harmless the Owner, its members, officers,
<br />agents, employees, and volunteers from any and all liabilities, damages, losses, and costs,
<br />including, but not limited to, reasonable attorneys' fee, to the extent caused by the negligence,
<br />recklessness, or intentional wrongful conduct of the Design -Builder and persons employed or
<br />utilized by the Design -Builder in the performance of this Contract.
<br />11.4 If the above indemnity or defense provisions or any part of the above indemnity or defense
<br />provisions are limited by Fla. Stat. § 725.06(1) or any other applicable law, then with respect to
<br />the part so limited the monetary limitation on the extent of the indemnification shall be the
<br />greater of the (i) monetary value of this Contract, (ii) coverage amount of Commercial General
<br />Liability Insurance required under this Contract or (iii) $1,000,000.00.
<br />11.5 Design -Builder's obligations to defend and indemnify as described in this Article will survive
<br />the expiration or earlier termination of this Contract until it is determined by final judgment that
<br />any suit, claim or other action against the Owner, its members, officers, agents, employees, and
<br />volunteers is fully and finally barred by the applicable statute of limitations or repose.
<br />11.6 Nothing in this Article or Contract will be construed as a waiver of any immunity from or
<br />limitation of liability the Owner, or its members, officers, agents, employees, and volunteers may
<br />have under the doctrine of sovereign immunity under common law or statute.
<br />11.7 The Owner and its members, officers, agents, employees, and volunteers reserve the right,
<br />at their option, to participate in the defense of any suit, without relieving Design -Builder of any of
<br />its obligations under this Article.
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