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c) Maintenance Bond
<br /> d) Record Drawings (hard copy and electronic format — AutoCAD rel . 14 . 0 or higher)
<br /> 11 . Entire Agreement
<br /> This Agreement embodies the entire agreement between the parties relative to the subject matter hereof,
<br /> and there is no oral or written agreements between the parties, nor any representations made by either party
<br /> relative to the subject matter hereof, which are not expressly set forth herein.
<br /> 12 . Governing Law & Jurisdiction :
<br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United States
<br /> pertaining to transactions in such state , and all actions arising out of this Agreement shall be brought in
<br /> Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for
<br /> the Southern District of Florida. All of the parties to this Agreement have participated freely in the
<br /> negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed
<br /> against any one of the parties hereto .
<br /> 13 . Insurance and Indemnification :
<br /> The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
<br /> selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
<br /> liability insurance with a reputable insurance company subject to approval by the COUNTY ' s risk
<br /> manager in an amount not less than $ 3 , 000 , 000 combined single limit for bodily injury and property
<br /> damage in accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall
<br /> ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any
<br /> subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable
<br /> insurance company subject to approval by the COUNTY ' s risk manager in an amount not less than
<br /> $ 3 , 000 , 000 per occurrence combined single limit for bodily injury and property damage in accordance
<br /> with the COUNTY ' s Administrative Policy Manual. The commercial general liability and auto liability
<br /> insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an
<br /> additional insured. In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the
<br /> commencement of any work the selected contractor and any subcontractor provides to the COUNTY a
<br /> certificate of worker ' s compensation insurance with a limit of $ 100 , 000 for each accident, $ 500 , 000
<br /> disease (policy limit) and $ 100 , 000 disease (each employee) in accordance with the COUNTY ' s
<br /> Administrative Policy Manual . The DEVELOPER shall provide to the COUNTY at least thirty (30) days '
<br /> written notice by registered mail , return receipt requested, addressed to the COUNTY ' s risk manager, prior
<br /> to cancellation or modification of any required insurance .
<br /> The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY ' s officers ,
<br /> employees and agents, from and against any and all claims for damages , costs , third party claims ,
<br /> judgments, and expense to persons or property that may arise out of, or be occasioned by, any work
<br /> contemplated by this agreement, or from any act or omission of any representative , agent, client, and/or
<br /> employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims
<br /> and any judgments that may be entered in connection therewith, including attorney fees . DEVELOPER
<br /> shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately
<br /> owned, may sustain or receive in connection with any work contemplated by this agreement .
<br /> DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for
<br /> damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or
<br /> maintenance of any public improvement, or utility, whether presently in place or which may in the future
<br /> be constructed or installed, including but not limited to , any water and/or sanitary sewer mains and/or
<br /> storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage
<br /> caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or
<br /> HAFALCON TRACE\UTILITY AGREEMENT REVISED V9.DOC . 5 -
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