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4 . The term " School District" or " School District of Indian River County" shall include all Authorities , <br /> Boards, Bureaus , Commissions , Divisions , Departments , and Offices of the School District and <br /> individual members, employees thereof in their official capacities, and/or while acting on behalf of the <br /> School District of Indian River County . <br /> 5 . Indian River County Board of County Commissioners and the School District of Indian River County <br /> shall be endorsed to the General Liability and Auto Liability policies as an additional insured. <br /> 6 . The policy clause " Other Insurance " shall not apply to any insurance coverage currently held by <br /> County and/or School District, to any such future coverage , or to County's and/or School District ' s <br /> self-insured retention of whatever nature . <br /> (f) County and School District hereby waive subrogation rights for loss or damage against the County and/or <br /> School district. <br /> (9) Standard of Care . In performing its professional services, the Consultant will use that degree of care and <br /> skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or <br /> similar locality at the time the services are provided. No warranty, express or implied, is made or intended <br /> by the <br /> Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary of the <br /> Client. <br /> ( 10) Limitation of Liability. Pursuant to Florida Statutes , FS . 725 . 08( 1 ) , the consultant shall indemnify, and <br /> hold harmless the Board, and all of its officers, agents or employees from all suits, actions, claims, demands , liability of <br /> any nature whatsoever to the extent arising out of, because of, or due to a negligent act, error or omission or commission of <br /> the Consultant, its officers , agents, or employees . Neither the consultant, nor any of its officers , agents or employees will <br /> be liable under this section for damages arising out of injury or damage to persons or property to the extent caused <br /> or <br /> resulting from the sole negligence of the Board or any of its officers, agents or employees . This article will survive the <br /> termination of this Agreement. <br /> ( 11 ) Certifications . The Consultant shall not be required to execute any certifications or other documents that <br /> might increase the Consultant ' s risk or affect the availability or cost of its insurance . <br /> ( 12) Dispute Resolution. All claims by the Client arising out of this Agreement shall be submitted first to <br /> mediation, using a state certified mediator as a condition precedent to litigation. The laws of the State of Florida shall <br /> govern this agreement. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this <br /> agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District <br /> Court for the Southern District of Florida. <br /> rev 7/05 5 <br />