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DocuSign Envelope ID: 7EFFOC16-3A7E-46EO-A543-DF2266B87D3D
<br />All insurance shall be with insurers authorized and eligible to transact the applicable line
<br />of insurance business in the State of Florida. The Contractor shall provide
<br />Certification(s) of Insurance evidencing that all appropriate coverage is in place and
<br />showing the Department to be an additional insured.
<br />7.4 Performance Bond.
<br />Unless otherwise prohibited by law, the Department may require the Contractor to
<br />furnish, without additional cost to the Department, a performance bond or irrevocable
<br />letter of credit or other form of security for the satisfactory performance of work
<br />hereunder. The Department shall determine the type and amount of security.
<br />7.5 Indemnification.
<br />To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
<br />hold the Customer and the State of Florida, its officers, employees, and agents harmless
<br />from all fines, claims, assessments, suits, judgments, or damages, including
<br />consequential, special, indirect, and punitive damages, including court costs and
<br />attorney's fees, arising from or relating to violation or infringement of a trademark,
<br />copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
<br />breaches, neglect, or omissions of the Contractor, its employees, agents,
<br />subcontractors, assignees, or delegates related to the Contract, as well as for any
<br />determination arising out of or related to the Contract that the Contractor or Contractor's
<br />employees, agents, subcontractors, assignees, or delegates are not independent
<br />contractors in relation to the Customer. The Contract does not constitute a waiver of
<br />sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
<br />to suit by third parties. Without limiting this indemnification, the Customer may provide
<br />the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
<br />take over and settle or defend any such action at Contractor's sole expense, and (3)
<br />assistance in defending the action at Contractor's sole expense.
<br />7.6 Limitation of Liability.
<br />Unless otherwise specifically enumerated in the Contract or in the purchase order,
<br />neither the Department nor the Customer shall be liable for special, indirect, punitive, or
<br />consequential damages, including lost data or records (unless the Contract or purchase
<br />order requires the Contractor to back-up data or records), even if the Department or
<br />Customer has been advised that such damages are possible. Neither the Department
<br />nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
<br />operating savings. The Department or Customer may, in addition to other remedies
<br />available to them at law or equity and upon notice to the Contractor, retain such monies
<br />from amounts due Contractor as may be necessary to satisfy any claim for damages,
<br />penalties, costs, and the like asserted by or against them. The State may set off any
<br />liability or other obligation of the Contractor or its affiliates to the State against any
<br />payments due the Contractor under any contract with the State.
<br />SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
<br />AND INTELLECTUAL PROPERTY.
<br />8.1 Public Records.
<br />8.1.1 Termination of Contract.
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