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Assignment/Delegation : No right, obligation or interest in the Order shall be assigned or delegated by the Seller without prior written consent of the County, without prejudice to County ' s other rights and remedies . Consideration of Bids: Telegraphic , telephonic , or faxed bids will not be considered . Indemnification : The successful bidder shall agree to indemnify and save harmless Indian River County, its agents and employees , from and against all claims , suits , actions, damages , causes , or action or judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or damage to property sustained as a result of the performance or non-performance of services or delivery of goods, from and against any orders, judgments , or decrees, which may be entered against the County, its agents or employees ; and from and against all costs , attorney' s fees, expenses , and other liabilities incurred in the defense of any such claim, suit, or action, and the investigation thereof. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights , privileges , and immunities of the County as set forth in Florida Statute Section 768 . 28 . Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing . Further, the bidder shall defend at their expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save the County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement. Public Access: The Seller shall allow public access to all documents and materials in accordance with the provisions of Chapter 119 , Florida Statutes . Should the Seller assert any exemptions to the requirements of Chapter 119 , Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller. Records/Audit: The Seller shall maintain books , records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied . The County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals , or claims . i I Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the specifications and / or conditions on the form provided with this Invitation to Bid . Otherwise , it will be assumed that the product or service fully complies with the specifications . Items specifically described as alternates shall be reviewed as an alternative bid to be considered by the County, in lieu I of the primarily specified item(s) . However, item(s) varying from the published specifications shall J Page 5 of 30 jF :\Public Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final.doc