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2008-381
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2008-381
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f <br /> bona fide employee employed by the PARTICIPANT . For breach or violation of this provision , , <br /> the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. <br /> 10 . With respect to any of the PARTICIPANT' S agents , consultants , subconsultants , contractors , <br /> and/or sub-contractors , such party in any contract for this PROJECT shall agree to indemnify, <br /> defend , save and hold harmless the DEPARTMENT from all claims , demands , liabilities , and <br /> suits of any nature arising out of, because of or due to any intentional and/or negligent act or <br /> occurrence , omission or commission of such agents , consultants , subconsultants , contractors <br /> and/or subcontractors . The PARTICIPANT shall provide to the DEPARTMENT written evidence <br /> of the foregoing upon the request of the DEPARTMENT. It is specifically understood and <br /> agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its <br /> own negligence . <br /> 11 . This AGREEMENT is governed by and construed in accordance with the laws of the State of <br /> Florida . <br /> 12 . This document incorporates and includes all prior negotiations, correspondence, conversations, <br /> agreements, or understandings applicable to the matters contained herein , and the parties <br /> agree that there are no commitments, agreements or understandings concerning the subject <br /> matter of this agreement that are not contained in this document. Accordingly, it is agreed that <br /> no deviation from the terms hereof shall be predicated upon any prior representation or <br /> agreements whether oral or written . It is further agreed that no modification , amendment, or <br /> alteration in the terms and conditions contained herein shall be effective unless contained in a <br /> written document executed with the same formality and of equal dignity herewith . <br /> 13 . Any or all notices (except invoices) given or required under this Agreement shall be in writing <br /> and either personally delivered with receipt acknowledged or sent by certified mail , return <br /> receipt requested . All notices delivered shall be sent to the following addresses : <br /> If to the DEPARTMENT: <br /> Florida Department of Transportation - District Four <br /> 3400 West Commercial Blvd . <br /> Fort Lauderdale , Florida 33309-3421 <br /> Attn : Leos A. Kennedy, Jr. <br /> With a copy to : Scott Peterson <br /> A second copy to : District General Counsel <br /> If to the PARTICIPANT: <br /> Indian River County <br /> 1801 27'x' Street <br /> Vero - Beach , Florida 3296U <br /> Attn : Christopher R. Mora, P. E. <br /> With a copy to : Joseph Baird <br /> County Administrator <br /> With a second copy to : County Attorney <br />
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