Laserfiche WebLink
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 ENGINEER . <br /> SECTION XIX = INDEMNIFICATION <br /> ENGINEER 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 ENGINEER , or of <br /> ENGINEER' s officers , employees , or agents , and ENGINEER 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 Contractor is solely responsible for any job site safety . However, in <br /> accordance with generally accepted practices , the ENGINEER may report any observed <br /> job site safety violations to the COUNTY and to the Contractor' s Representative . <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 party 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 /> SECTION XXII — INDISPENSABLE PARTIES TO THE CONTRACT <br /> The COUNTY entered into this Agreement with the ENGINEER in part , because <br /> the ENGINEER included certain individuals in its Project Team . These individuals are <br /> considered indispensable parties to this Agreement . Therefore , if any of the parties <br /> listed below are removed from the active Project Team for any reason without the <br /> COUNTY' s written permission , the COUNTY has the right to terminate this Agreement <br /> without liability. Indispensable Parties are : <br /> 11 <br /> F : \Public Works\Capital Projects\0222 ROADWAY PLANNING\Master Agreement. doc <br />