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15. When the Department receives a notice of claim for damages that may have been caused <br />by the AGENCY in the performance of services required under this Agreement, the <br />Department will immediately forward the claim to and the Department will evaluate the <br />claim and report their findings to each other within seven working days and will jointly <br />discuss options in defending the claim. After reviewing the claim, the Department .will <br />determine whether to require the participation of the claim or to require that participation <br />of the AGENCY in the defense of the claim or to require that the AGENCY defend the <br />Department in such claim as described in this section. The Department's failure to notify <br />the AGENCY of a claim shall not release the AGENCY from any of the requirements of <br />this section. The Department and the AGENCY will pay their own costs for the <br />evaluation, settlement negotiations, and trial, if any. However, if only one party <br />participates in the defense of the claim at trial, that party is responsible for all costs, but <br />if the verdict determines that there is joint responsibility, the costs and liability for <br />damages will be shared in the same percentage as that judicially established. <br />16. This writing embodies the entire Agreement and understanding between the parties hereto <br />and there are no other Agreements and understanding, oral or written, with reference to <br />the subject matter hereof that are not merged herein and superseded hereby. <br />17. This AGREENIEN'I' may not be assigned or transferred by the AGENCY in whole or part <br />without the consent of the Department. <br />18. This AGREEMENT shall be governed by and construed in accordance with the laws of <br />the State of Florida. In the event of a conflict between any portion of the AGREEMENT <br />and Florida law, the laws of Florida shall prevail. <br />IN WITNESS WIIIEREOF, the parties hereto have caused these presents to be executed <br />the day and year first above written. <br />CITY OF <br />SUNNY ISLES BEACH <br />STATE OF FLORIDA <br />(AGENCY) <br />DEPAR OF <br />ANSPORTATION <br />{ .-By: <br />By: <br />yerar <br />D <br />ecretary <br />r''' <br />�'I. Attest` <br />�EAL) Attest: <br />"• (SEAL) <br />t <br />Clerk/Director <br />retary , <br />i <br />". <br />LExecutiveS <br />C13gal <br />Legal Approval <br />Approval <br />5 <br />