Common use of Paragraph I Clause in Contracts

Paragraph I. 1. shall not apply to any Contractor who is a state agency or subdivision, as defined in section 768.28, Florida Statutes. Any Contractor who is a state agency or subdivision agrees to be fully responsible for its negligent acts or omissions or intentional tortuous acts which result in claims or suits against the Board, and agrees to be liable for any damages proximately caused by said acts or omissions. In the event that the Board suffers a loss or damages as a result of the Contractor's breach of this contract, or the Contractor's negligence in discharging its duties under this contract for which there is no adequate legal remedy available to the Board, or there are insufficient funds from which the Contractor can fully compensate the Board, the Contractor agrees to make a good faith effort to seek an appropriation from the legislature sufficient to fully reimburse the Board for its' loss resulting from such negligence or, breach of contract. Nothing herein is intended to serve as a waiver of sovereign immunity by any Contractor to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.