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8/20/03 P W Djwdwkd <br /> 8 . The CONSULTANT shall include all sub - contractors as insureds 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 the <br /> requirements stated herein . <br /> 9 . Any deductibles or self- insured retentions greater than $ 5 , 000 must be approved <br /> by the Risk Manager for Indian River County with the ultimate responsibility for <br /> same going to the CONSULTANT . <br /> SECTION XIX - INDEMNIFICATION <br /> CONSULTANT hereby agrees to indemnify, and hold harmless , the COUNTY , and the <br /> COUNTY ' S officers , employees and agents , from and against any and all claims from liabilities, <br /> damages , losses , costs , third party claims , judgments , and expense to persons or property, <br /> including reasonable attorneys ' fees , to the extent caused by the negligence, recklessness , or <br /> intentionally wrongful conduct of CONSULTANT , or of CONSULTANT ' S officers , employees , <br /> or agents , and CONSULTANT shall indemnify the COUNTY against any such claims and any <br /> judgments that may be entered in connection therewith, including reasonable attorneys ' fees . <br /> SECTION XX — SAFETY <br /> The Contractor is solely responsible for safety of his work . <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 lawsuit <br /> brought by either party against the other party or otherwise arising out of this Contract shall be in <br /> Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District <br /> Court for the Southern District of Florida. <br /> SECTION XXII — INDISPENSABLE PARTIES TO THE CONTRACT <br /> The COUNTY entered into this Agreement with the CONSULTANT in part , because the <br /> CONSULTANT included certain individuals in its Project Team . These individuals are <br /> considered indispensable parties to this Agreement . Therefore , if any of the parties listed below <br /> are removed from the active Project Team for any reason without the COUNTY ' s written <br /> permission, the COUNTY has the right to terminate this Agreement without liability. <br /> Indispensable Parties are : <br /> 1 . D . Wade Brown <br /> 2 . Katherine Maxwell <br /> C :\DOCUME- 1 \Wade\LOCALS- 1 \Temp\MasterAsreement. doc 9 <br />