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Florida Statutes: <br />` 334.044(7) <br />850-035-01 <br />PAVEMENT MANAGEMENT <br />OGC — 02/15 <br />Page 10 of 21 <br />Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the <br />discriminatory vendor list may not submit a bid on a contract to provide any goods or <br />services to a public entity; may not submit a bid on a contract with a public entity for the <br />construction or repair of a public building or public work; may not submit bids on leases of <br />real property to a public entity; may not be awarded or perform work as a contract, supplier, <br />subcontractor, or consultant under a contract with any public entity; and may not transact <br />business with any public Recipient. The Recipient further agrees that it shall not violate <br />Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on <br />the list during the term of this Agreement may result in the termination of this Agreement. <br />16. It is specifically agreed between the parties executing this Agreement that it is not <br />intended by any of the provisions of any part of the Agreement to create in the public or <br />any member thereof, a third party beneficiary under this Agreement, or to authorize <br />anyone not a party to this Agreement to maintain a suit for personal injuries or property <br />damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties <br />the payment of all just claims for materials, supplies, tools, or labor and other just claims <br />against the Recipient or any subcontractor, in connection with this Agreement. <br />Additionally, the Recipient agrees to include the following indemnification in all contracts <br />with contractors/ subcontractors, or consultants/sub consultants who perform work in <br />connection with this Agreement <br />"To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold <br />harmless the Recipient, the State of Florida, Department of Transportation, and its officers and <br />employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable <br />attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful <br />misconduct of contractor and persons employed or utilized by contractor in the performance of <br />this Contract. <br />This indemnification shall survive the termination of this Agreement. Nothing contained in this <br />paragraph is intended to nor shall it constitute a waiver of the State of Florida and the <br />Recipient's sovereign immunity. <br />To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold <br />harmless the Recipient, the State of Florida, Department of Transportation, and its officers and <br />employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable <br />attorney fees to the extent caused, in whole or in part, by the professional negligence, error or <br />omission, recklessness, or intentional wrongful conduct of the consultant or persons employed <br />or utilized by the consultant in the performance of the Agreement. <br />This indemnification shall survive the termination of this Agreement. Nothing contained in this <br />paragraph is intended to nor shall it constitute a waiver of the State of Florida and the <br />Recipient's sovereign immunity." <br />