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k. The DEPARTMENT is a state agency, self-insured and <br /> subject to the provisions of Section 768 . 28, Florida <br /> Statutes, as may be amended from time to time. Nothing <br /> in this AGREEMENT shall be deemed or otherwise <br /> interpreted as waiving the DEPARTMENT' s sovereign <br /> immunity protections, or as increasing the limits of <br /> liability as set forth in Section 768 . 28, Florida <br /> Statutes . <br /> 9 . INDEMNIFICATION <br /> Subject to Section 768 . 28, Florida Statutes, as may be <br /> amended from time to time, the CITY shall promptly indemnify, <br /> defend, save and hold harmless the DEPARTMENT, its officers, <br /> agents, representatives and employees from any and all <br /> losses, expenses, fines, fees, taxes, assessments, <br /> penalties, costs, damages, judgments, claims, demands, <br /> liabilities, attorneys fees, (including regulatory and <br /> appellate fees) , and suits of any nature or kind whatsoever <br /> caused by, arising out of, or related to the CITY' s exercise <br /> or attempted exercise of its responsibilities as set out in <br /> this AGREEMENT, including but not limited to, any act, <br /> action, neglect or omission by the CITY, its officers, <br /> agents, employees or representatives in any way pertaining <br /> to this AGREEMENT, whether direct or indirect, except that <br /> neither the CITY nor any of its officers, agents, employees <br /> or representatives will be liable under this provision for <br /> damages arising out of injury or damages directly caused or <br /> resulting from the negligence of the DEPARTMENT. <br /> The CITY' s obligation to indemnify, defend and pay for the <br /> defense of the DEPARTMENT, or at the DEPARTMENT' s option, to <br /> participate and associate with the DEPARTMENT in the defense <br /> and trial of any claim and any related settlement <br /> negotiations, shall be triggered immediately upon the CITY' s <br /> receipt of the DEPARTMENT' s notice of claim for <br /> indemnification. The notice of claim for indemnification <br /> shall be deemed received if the DEPARTMENT sends the notice <br /> in accordance with the formal notice mailing requirements <br /> set forth in Section 5 of this AGREEMENT. The DEPARTMENT' s <br /> failure to notify the CITY of a claim shall not release the <br /> CITY of the above duty to defend and indemnify the <br /> DEPARTMENT. <br /> Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach <br /> Page 9 of 13 <br />