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4 . 2 Each FDEP Invoice must include the following certification , and FDEP hereby agrees to delegate authority to its Project Manager to affirm said certification : " I hereby certify that the costs requested for payment , as represented in this invoice , are directly related to the performance under the NAVD88 Survey Vertical Control Network Densification agreement between Indian River County and the Florida Department of Environmental Protection (Agreement No . 0387 ) , are allowable , allocable , properly documented and are in accordance with the approved project budget . " 4 . 3 The COUNTY' S performance and payment pursuant to this Agreement is contingent upon the COUNTY' S Governing Board appropriating funds for the PROJECT . 5 , CONTRACT PERIOD . This Agreement will be effective upon execution by all parties and will remain in effect through September 30 , 2006 , unless terminated , pursuant to Paragraph 4 . 3 above or Paragraphs 11 or 12 below , or amended in writing by the parties . 6 . PROJECT RECORDS AND DOCUMENTS . Each Party , upon request , will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT . Each party will maintain all such records and documents for at least 3 years following completion of the PROJECT . All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act, Chapter 119 , F . S . 7 , OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS All documents , including reports , drawings , estimates , programs , manuals , specifications , and all goods or products , including intellectual property and rights thereto , purchased under this Agreement with COUNTY funds or developed in connection with this Agreement will be and will remain the property of the COUNTY . 8 . REPORTING . The FDEP will provide the COUNTY with any and all reports , models , studies , maps or other documents resulting from the PROJECT . 9 , LIABILITY . Each party hereto agrees to indemnify and hold the other harmless , to the extent allowed under Section 768 . 28 , F . S . , from all claims , loss , damage and expense including attorney' s fees on appeal arising from the negligent acts or omissions of its officers , employees , contractors and agents related to its performance under this Agreement . 10 . INSURANCE REQUIREMENT . The FDEP is a public corporation/political subdivision of the State of Florida and is insured under the Florida Casualty Insurance Risk Management Trust Fund ( FUND) for general liability , vehicle liability and workers ' compensation . The COUNTY' S Project Manager must confirm that a copy of the FDEP ' s certificate of insurance from the FUND is maintained in the COUNTY' S contract file . 11 . DEFAULT . Either party may terminate this Agreement upon the other party' s failure to comply with any term or condition of this Agreement , as long as the termination party is no in default of any term or condition of this Agreement . To initiate termination , the terminating party must provide the defaulting party with written " Notice of Termination " stating its intent to terminate and describe all terms and conditions with which the defaulting party has failed to comply . If the defaulting party has not remedied its default within thirty (30 ) days after receiving the Notice of Termination , this Agreement will automatically terminate . Page 3of6