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SATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-30 <br />STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES <br />AGREEMENT Paae 3�5 <br />The FDOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY. <br />5. Default <br />In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any <br />other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the <br />following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: <br />Pursue a claim for damages suffered by the FDOT or the public. <br />b. Pursue any other remedies legally available. <br />C. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or <br />through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY If the <br />MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice <br />from the FDOT of the non-performance; provided, however, that advance notice and cure shall not be <br />preconditions in the event of an emergency. <br />6. Indemnification <br />The MAINTAINING AGENCY, to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend, <br />save, and hold harmless, the State, the FDOT, and all of their officers, agents, and employees from all suits, <br />actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of <br />this Agreement by the MAINTAINING AGENCY, its subcontractors, agents, or employees or due to any act or <br />occurrence of omission or commission of the MAINTAINING AGENCY, its subcontractors, agents, or employees. <br />7.. Force Majeure <br />Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this <br />Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other <br />event beyond the control of the non-performing party and which could not have been avoided or overcome by the <br />exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified <br />the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the <br />occurrence to the extent possible, and (c) resumed performance as soon as possible. <br />B. Miscellaneous <br />a. The FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section <br />274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, <br />such violation shall be cause for unilateral cancellation of this Agreement. <br />b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other <br />material subject to the provisions of Chapter 119, Florida Statutes, and made or received by <br />the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY <br />to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by <br />the FDOT. <br />C. This Agreement constitutes the complete and final expression of the parties with respect to the subject <br />matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. <br />d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be <br />unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions <br />hereof. <br />