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replacement power, and other special , indirect and consequential damages . <br /> C . ENGINEER' S applicable insurance coverage shall be primary . <br /> D . All above insurance policies shall be placed with insurers with a Best's rating of no less than A VII . The <br /> insurer chosen shall also be licensed to do business in Florida . <br /> E . The insurance policies procured, other than professional liability, shall be occurrence forms , not claims <br /> made policies . Professional liability shall be on a claims made basis . <br /> F . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts to the <br /> Indian River County Risk Management Department . <br /> G . The insurance companies selected shall send written verification to the Indian River County <br /> Risk <br /> Management Department that they will provide 30 days written notice to the Indian River County <br /> Department of Risk Management of its intent to cancel or terminate said policies of insurance . <br /> H . ENGINEER shall either include each subconsultant as insured under its policies or shall furnish separate <br /> certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to <br /> all of the requirements stated herein . <br /> 1 . Notwithstanding the provisions of s . 725 . 06 , if a design professional provides professional services to or <br /> for a public agency, the agency may require in a professional services contract with the <br /> design <br /> professional that the design professional indemnify and hold harmless the agency, and its officers and <br /> employees, from liabilities , damages , losses , and costs, including, but not limited to, reasonable attorneys ' <br /> fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the design <br /> professional and other persons employed or utilized by the design professional in the performance of the <br /> contract. <br /> SECTION XVIII - ENTIRETY OF AGREEMENT <br /> This writing embodies the entire AGREEMENT and understanding between the parties hereto, and there are no <br /> other agreements and understandings , oral or written, with reference to the subject matter hereof that are not merged herein <br /> and superseded hereby . <br /> No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and <br /> signed by both parties hereto . <br /> Page 1 1 of 12 <br /> C : ADocuments and Settings\hdeibel . ARCADIS - US\ Local SettingsTemporary Internet FilesOLK903 ' 0541 20th Ace ProtessionalServices Agr- <br /> Arcadis- I2 -6-05 . doc <br />