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725-090.23 <br /> PAIL <br /> 01 /00 <br /> Page 6 of 6 <br /> 28 . The COMPANY covenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of the <br /> DEPARTMENTS officers, agents, and employees from any claim, loss, damage , cost charge , or expense <br /> arising <br /> out of any act, action , neglect, omission , or delay by the COMPANY during the performance of the contract, whether <br /> direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, <br /> except that neither the COMPANY nor any of its subcontractors will be liable under this section for damages arising out <br /> of injury or damage to persons or property directly caused or resulting from sole negligence of the DEPARTMENT , its <br /> officers , agents , or employees . <br /> r__ic• _ n... Trnr e r enrccmcn+ kimhmoan Fr)(')T FEC , and Indian River County dated July <br /> l7fdue lrlubbirk�jyland I IGIIIC. VUI WIA L.IGv16.oa I tm 0ofei I ItIl vv, , ,. [ 5. <br /> 21 , 1982. <br /> IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed by their duly authorized officers <br /> the day and year first written above . <br /> STATE OF FLORIDA <br /> DEPARTMENT OF TRANSPORTATION <br /> BY: -- <br /> (Title: ) <br /> COMPANY: Florida East Coast Railway <br /> BY: - <br /> ATTEST ; <br /> INDIAN RIVEK COUNTY , FLORIDA <br /> APPROVED AS TOFORM <br /> BY . omas ow er ANDLSUFFICIENCY <br /> (Title : ) �` <br /> ` SiSTANT <br /> WILLI <br /> ATTEST: TAN M K . DEBRAAL <br /> ^ COUNTY ATTORNEY <br /> BCCA roved : 02 - 08 - 2Ll <br /> 0 1 <br /> Legal Review Approved as to Funds Available Approved as to FAPG Requirements <br /> BY: BY : BY: <br /> Attorney - DOT Date Comptroller - DOT Date FHWA Date <br />