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Page 7 of 9 <br /> 2005-2006 Renewal <br /> Continuing Professional Surveying Contract <br /> 3 . SURVEYOR' s insurance coverage shall be primary . <br /> 4 . All above insurance policies shall be placed with insurers with a Best' s <br /> rating of no less that A-VII . The insurer chosen shall also be licensed to <br /> do business in Florida . <br /> 5 . The insurance policies procured , other than professional liability , shall be <br /> occurrence forms , not claims made policies . Professional liability shall be <br /> on a claims- made basis . <br /> 6 . 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 /> 7 . Each insurance company shall provide the Indian River County Risk <br /> Management Department with a certificate of insurance that states that <br /> the insurance company will provide 30 days notice to the Risk <br /> Management Department , of its intent to modify or cancel said policies of <br /> insurance . Such notice shall be in writing by registered mail , return receipt <br /> requested , and addressed to the Risk Manager of the Risk Management <br /> Department , <br /> 8 , The SURVEYOR shall include all sub-contractors as insured under its <br /> policies or shall furnish separate certificates and endorsements for each <br /> subcontractor. All coverages for subcontractors shall be subject to all of <br /> the requirements stated herein . <br /> 9 . Any deductibles or self- insured retentions greater than $5 , 000 must be <br /> approved by the Risk Manager for Indian River County with the ultimate <br /> responsibility for same going to the SURVEYOR . <br /> SECTION XIX = INDEMNIFICATION <br /> SURVEYOR hereby agrees to indemnify , and hold harmless , the COUNTY , and <br /> the COUNTY' s officers , employees and agents , from and against any and all claims <br /> from liabilities , damages , losses , costs , third party claims , judgments , and expense to <br /> persons or property , including reasonable attorneys ' fees , to the extent caused by the <br /> negligence , recklessness , or intentionally wrongful conduct of SURVEYOR , or of <br /> SURVEYOR ' s officers , employees , or agents , and SURVEYOR shall indemnify the <br /> COUNTY against any such claims and any judgments that may be entered in <br /> connection therewith , including reasonable attorneys ' fees . <br /> SECTION XX — SAFETY <br /> The Surveyor is solely responsible for any job site safety . However, in <br /> accordance with generally accepted practices , the SURVEYOR may report any <br /> observed job site safety violations by others to the COUNTY . <br /> SECTION XXI — CHOICE OF LAW AND VENUE <br /> This Agreement shall be governed by the laws of the State of Florida . Venue for any <br /> lawsuit brought by either party against the other parry or otherwise arising out of this <br /> Contract shall be in Indian River County , Florida , or in the event of a federal jurisdiction , in <br /> the United States District Court for the Southern District of Florida . <br /> 7 <br /> F:\Engineering\Capital Projects\0390-Annual Survey Contracts\0390 05 -06 renewall\0390 05 -06 RENEWAL <br /> AGREEMENT- Carter.doc <br />