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The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that <br /> the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall <br /> not be issued until completed As-built drawings of the actual construction have been furnished to the OWNER and <br /> verified. <br /> In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER' S final acceptance by the <br /> OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum <br /> amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or <br /> liabilities to the CONTRACTOR in connection with this Contract. <br /> CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, employees, elected <br /> officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable <br /> attorney' s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the <br /> CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this <br /> Contract. This indemnification and hold harmless provision shall survive the termination or expiration of this <br /> Contract, and is limited to the amount of this Contract. <br /> Article 6. THE CONTRACT DOCUMENTS <br /> The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), <br /> Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if <br /> included herein. <br /> Article 7. VENUE <br /> This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party <br /> against the other party or otherwise arising out of this agreement shall be in Indian River county, Florida, or in the <br /> event of federal jurisdiction, in the United States District Court for the Southern District of Florida. <br /> (Contractor) (Owner) <br /> "ident <br /> Indian Riv ut Florida <br /> S ra 1{: Bowden, BCC Chairman <br /> Approved'i B6,C FcbNar� 5 , 2008 <br /> Attest: <br /> PROVED Jeffry `K.1 Barton,,-Clerlt of Circuit Court <br /> By: <br /> seph . Baird, County A ministrator Deputy Clerk <br /> Approved as to Form and Le 1 Sufficiency <br /> County Attorney v <br /> Page 26 of 40 <br />