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8 . To the extent of the insurance benefits under the insurance policies required by this Article, or for any loss , damage or expense falling within the deductible portion of Architects Professional Liability Insurance described in Paragraph 4 hereof, whether indemnity payment, defense costs, or otherwise, the ARCHITECT shall save the COUNTY harmless from and against all costs and losses , and all claims, demands , suits , actions , payments and judgments arising from personal injuries or otherwise, brought or recovered against the COUNTY arising out of any negligent error, or omission of the ARCHITECT, its agents, servants or employees, in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by the COUNTY or its representatives in the defense of any claim or suite . SECTION IX - OWNERSHIP OF DOCUMENTS All plans , specifications, calculations and other work products paid for under this contract shall be the property of the COUNTY and shall be delivered to the COUNTY at its direction. The COUNTY shall have the right to re-use drawings of the structural details in a manner consistent with law and the State of Florida Department of Professional Regulation rules . The COUNTY shall indemnify and hold harmless the ARCHITECT from all claims , damages , losses, and expenses , including attorney's fees, arising out of, or resulting from any such re-use. SECTION X - CERTIFICATION AGAINST CONTINGENT FEES The ARCHITECT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ARCHITECT to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the ARCHITECT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. SECTION XI - PUBLIC ACCESS The COUNTY may unilaterally cancel the contract for refusal by the ARCHITECT to allow public access to all documents, papers , letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the ARCHITECT in conjunction with the contract. SECTION XII - SEVERABILITY If any portions of this Agreement shall be held invalid or unenforceable , such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed and enforced as if such provisions had not been included . F:\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 Prof Sery Agr EDB-Task 1 & Z -cjk.doc 6