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2003-260C
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2003-260C
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9- 16-2003 5 : 19PM FROM INDIAN RIVER COUNTY 7727789391 P . 8 <br /> 3 . SURVEYOR' s insurance coverage shall be primary. <br /> 44 All above insurance policies shall be placed with insurers with a Best' s <br /> rating of no less that ANIL 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 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 Southem District of Florida . <br /> FAEugineering\Capital Projects\0390-Annual Survey Contracts 2003-2044\4390 A.GRFEMENT-Creech <br /> Enginemng InI c_doc <br />
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