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FM #419369-1-58-01/02 <br />To the extent permitted by law, the CITY shall indemnify, defend, and hold harmless the <br />DEPARTMENT and all of its officers, agents, and employees from any claim, loss, <br />damage, cost, charge, or expense arising out of any act, error, omission or negligent act <br />by the CITY, its agents, or employees, during the performance of the Agreement, except <br />that neither the CITY, its agents, nor its employees will be liable pursuant to this <br />paragraph for airy claim, loss, damage, cost, charge, or expense arising out of any act, <br />error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or <br />employees during the performance of the Agreement. <br />9. This writing embodies the entire Agreement and understanding between the parties <br />hereto and there are no other Agreements and understanding, oral or written, with <br />reference to the subject matter hereof that are not merged herein and superseded hereby. <br />10, This Agreement may not be assigned or transferred by the CITY in whole or part without <br />the consent of the DEPARTMENT. <br />11. This Agreement shall be governed by and construed in accordance with the laws of the <br />State of Florida, In the event of a conflict between any portion of the Agreeinent and <br />Florida law, the laws of Florida shall prevail. <br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed <br />the day and year first above written. <br />CITY OF CASSELBERRY <br />By: 04 de"�� 0�� <br />Name: C_' t 4 <br />Title: <br />Attest: <br />By: e� <br />(SEAL) <br />Nance: Do nrAGartA- row <br />Titte: it <br />Legal Review: <br />City Attorney <br />STATE OF FLORIDA <br />DEPARTMENT OF TRANSPORTATION <br />By: A� X4 7 <br />Name: Alan . Hy <br />Title: Director of <br />Executive Secretary <br />Legal Review: <br />.E. <br />)artation <br />(SEAL) <br />