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9- 16-2003 4 : 54PM FROM INDIAN RIVER COUNTY 7727789391 P . 8 3 . SURVEYOR's insurance coverage shall be primary. 4 . All above insurance policies shall be placed with insurers with a Best' s rating of no less that A-VII . The insurer chosen shall also be licensed to do business in Florida . 5 . The insurance policies procured , other than professional liability, shall be occurrence forms , not claims made policies . Professional liability shall be on a claims-made basis . 6 . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts , to the Indian River County Risk Management Department, 7 . Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that 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 SURVEYOR 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 SURVEYOR . SECTION XIX - INDEMNIFICATION SURVEYOR 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 attomeys ' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of SURVEYOR , or of SURVEYOR's officers , employees , or agents , and SURVEYOR 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 Surveyor is solely responsible for any job site safety . However, in accordance with generally accepted practices , the SURVEYOR 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 . F:\Engineering\Capital Projects\0390-Annual Survey Contracts 20034004\0390 AGREEMENT-Ki,rdley-Horn & Associates, Inc. . doe 09 / 16 / 03 TUE 15 : 50 [ TX/RX NO 95931