Indemnification_and_Hold_Harmless.pdf
PDF 67 KB Posted
- Attached to
- West Sunset Lift Station
- Solicitation number
- ITB WS 79-26
- Issued by
- Okaloosa County, Florida
About this file
This is an Indemnification and Hold Harmless agreement document applicable to the West Sunset Lift Station contract opportunity with the Board of County Commissioners of Okaloosa County, Florida, and the State of Florida Department of Transportation. The document establishes the contractor's obligation to indemnify and hold harmless the Owner, the Design Engineer, the State of Florida Department of Transportation, and their respective officers and employees from liabilities, damages, losses, and costs, including reasonable attorney fees, arising from the contractor's negligence, recklessness, or intentional wrongful conduct in performing the agreement. The indemnification obligation extends to actions, claims, or damages resulting from negligent or wrongful acts of the contractor or any of its officers, agents, or employees acting within the scope of their employment in connection with rights granted to or exercised by the Owner.
The indemnification clause explicitly preserves the Department's and Owner's sovereign immunity as limited by Florida Statutes Section 768.28 and does not constitute an agreement by the contractor to indemnify the Owner or Department for negligent acts or omissions of the Owner, Department, their officers, agents, or employees, or third parties. The indemnification obligation survives the termination of the agreement. The document requires the contractor to execute the agreement by signature, with spaces provided for the contractor's firm name, address, title, contact information including office number, cell number, fax number, and after-hour contact numbers.
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Text version
To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless the OWNER, The Design Engineer and the officers and employees of each from liabilities, damages, losses and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement.
To the extent provided by law, CONTRACTOR shall indemnify, defend, and hold harmless the OWNER and the State of
Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of CONTRACTOR, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by OWNER. The foregoing indemnification shall not constitute a waiver of the Department’s or OWNER’s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by CONTRACTOR to indemnify OWNER for the negligent acts or omissions of OWNER, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by CONTRACTOR to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.
Date By (Signature)
Firm Name By (Print)
Address Title
Address Email
Office Number Cell Number
Fax Number After-Hour Number(s)
DOCUMENT 00410 - INDEMNIFICATION AND HOLD HARMLESS
To the extent provided by law, CONTRACTOR shall indemnify, defend, and hold harmless the OWNER and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages ...
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