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of Hialeah providing the Services to SIB under this Agreement shall be the property of SIB. SIB
<br />shall, during the term of this Agreement and for a period of three (3) years from the date of
<br />termination of this Agreement, have access to and the right to examine and audit any Records of
<br />Hialeah involving transactions related to this Agreement, upon reasonable notice and at no
<br />® expense to Hialeah. SIB may cancel and terminate this Agreement immediately for refusal by
<br />Hialeah to allow access by SIB to any records pertaining to work performed under this
<br />Agreement that are subject to the provisions of Chapter 119, Florida Statutes. It shall be the sole
<br />responsibility of SIB to respond to all requests for public records received by SIB made pursuant
<br />to the Florida Public Records Act, for any records in its custody created as a result of the
<br />performance of the Parties' respective obligations under the Agreement. Hialeah shall fully
<br />cooperate with SIB in response to any request for records received by SIB. Likewise, Hialeah
<br />shall be responsible to respond to public records requests received by Hialeah where Hialeah
<br />maintains custody of the records. Upon completion or termination of the Agreement the Parties
<br />shall cooperate jointly to determine which Records SIB wishes to receive custody of. After
<br />which, all such Records shall be turned over to SIB within thirty (30) calendar days. Any
<br />payment due Hialeah shall be held pending receipt of the Records.
<br />12. MUTUAL RELEASE, INDEMNITY AND AGREEMENT TO DEFEND AND
<br />HOLD HARMLESS. Hialeah does not indemnify or insure SIB for SIB's own negligence.
<br />Likewise, SIB does not indemnify or insure Hialeah for Hialeah's own negligence. Subject to the
<br />limitations set forth in Florida Statute Section 768.28, SIB shall be fully liable for the actions of
<br />its respective officers, elected or appointed, directors, employees, agents, contractors and
<br />subcontractors and shall fully indemnify, defend, and hold harmless, Hialeah, its officers, elected
<br />or appointed, directors; employees, agents and contractors and subcontractors (collectively
<br />referred to as "Hialeah's Releases"), from any and all kinds of claims, suits, causes of action,
<br />damages, losses, liabilities, costs or expenses, including court costs and attorney's fees at all level
<br />of proceedings (including appellate level), and any judgments, orders or decrees entered thereon
<br />or resulting therefrom, for any personal injury, loss of life, damage to property, or any other
<br />liability, loss; cost or expense of any kind (collectively referred to as "Claims"), alleged to be
<br />caused in whole or in part by SIB, its officers, elected or appointed, directors, employees; agents
<br />and contractors and subcontractors in SIB's performance of this Agreement.
<br />Subject to the limitations set forth in Florida Statute Section 768.28, Hialeah shall be fully liable
<br />for the actions of its respective officers, elected or appointed, directors, employees, agents,
<br />contractors and subcontractors and shall fully indemnify, defend, and hold harmless, SIB, its
<br />officers, elected or appointed, directors, employees, agents and contractors and subcontractors,
<br />from any and all kinds of claims, suits, causes of action, damages, losses, liabilities, costs or
<br />expenses, including court costs and attorney's fees at all level of proceedings (including appellate
<br />level), and any judgments, orders or decrees entered thereon or resulting therefrom, for any
<br />personal injury, loss of life, damage to property, or any other liability, loss, cost or expense of
<br />any kind, alleged to be caused in whole or in part by Hialeah, its officers, elected or appointed,
<br />directors, employees, agents and contractors and subcontractors in Hialeah's performance of this
<br />Agreement.
<br />13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
<br />be interpreted and construed in accordance with and governed by the laws of the State of Florida.
<br />All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
<br />• Agreement, and any action involving the enforcement or interpretation of any rights hereunder
<br />Interlocal Agreement — Bus Maintenance I
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