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D . All above insurance policies shall be placed with insurers with a Best' s <br /> rating of no less than A VII . The insurer chosen shall also be licensed to do <br /> business in Florida . <br /> E . The insurance policies procured , other than professional liability , shall be <br /> occurrence forms , not claims made policies . Professional liability shall be on a <br /> claims made basis . <br /> F . The insurance companies chosen shall provide certificates of insurance <br /> prior to signing of contracts to the Indian River County Risk Management <br /> Department . <br /> G . The insurance companies selected shall send written verification to the <br /> Indian River County Risk Management Department that they will provide 30 days <br /> written notice to the Indian River Risk Management Department of its intent to <br /> cancel or terminate said policies of insurance . <br /> H . ENGINEER shall either include each subconsultants as insured under its <br /> policies or shall furnish separate certificates and endorsements for each <br /> subconsultant . All coverages for subconsultants shall be subject to all of the <br /> requirements stated herein . <br /> I . Nothwithstanding the provisions of Florida Statute 725 . 06 , if a design <br /> professional provides professional services to or for a public agency , the agency <br /> may require in a professional services contract with the design professional that <br /> the design professional indemnify and hold harmless the agency , and its officers <br /> and employees , from liabilities , damages , losses , and costs , including , but not <br /> limited to , reasonable attorneys ' fees , to the extent caused by the negligence , <br /> recklessness , or intentionally wrongful conduct of the design professional and <br /> other persons employed or utilized by the design professional in the performance <br /> of the contract . <br /> J . This agreement shall be governed by the laws of the State of Florida . <br /> Venue for any lawsuit brought by either party against the other party or otherwise <br /> arising out of this agreement shall be in Indian River County , Florida , or , in the <br /> event of federal jurisdiction , in the United States District County for the Southern <br /> District of Florida . <br /> SECTION XVIII = ENTIRETY OF AGREEMENT <br /> This writing embodies the entire AGREEMENT and understanding between the parties <br /> hereto , and there are no other agreements and understandings , oral or written , with reference <br /> to the subject matter hereof that are not merged herein and superseded hereby . <br /> 11 <br /> F :\Engineering\Capital Projects\0107-B & 9920-B Bridge Design\9920-B-Box Culvert in Canal at 16th St & 74th Ave\9920B <br /> Professional Agreement for Bridge Design -8-5-05 . doc <br />