2005-011B - Laserfiche WebLink

Home Browse Search

the insurance company will provide 30 days notice to the Risk Management Department , of its intent to modify or cancel said policies of insurance . Such notice shall be in writing by registered mail , return receipt requested , and addressed to the Risk Manager of the Risk Management Department. 8 . The GEOTECHNICAL PROFESSIONAL shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein . 9 . Any deductibles or self-insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the GEOTECHNICAL PROFESSIONAL . SECTION XIX - INDEMNIFICATION GEOTECHNICAL PROFESSIONAL hereby agrees to indemnify , and hold harmless , the COUNTY , and the COUNTY' s officers , employees and agents , from and against any and all claims from liabilities , damages , losses , costs , third party claims , judgments , and expense to persons or property , including reasonable attorneys' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of GEOTECHNICAL PROFESSIONAL , or of GEOTECHNICAL PROFESSIONAL ' s officers , employees , or agents , and GEOTECHNICAL PROFESSIONAL shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith , including reasonable attorneys' fees . SECTION XX — SAFETY The GEOTECHNICAL PROFESSIONAL is solely responsible for any job site safety . However, in accordance with generally accepted practices , the GEOTECHNICAL PROFESSIONAL may report any observed job site safety violations by others to the COUNTY . SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . SECTION — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto , and there are no other Agreements and understandings , oral or written , with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . SECTION XXI11 - SEVERABILITY If any provision , section , or paragraph of this agreement is determined by a court of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not found to be void , illegal , or unenforceable , shall remain in full force and effect. 7 C :\DOCUME~ l \WORKST� l \LOCALS� l \TEMPOR� 1 \7018 AGREEMENT-Dunkelberger Engineering.doc