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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) <br />PROVED <br />seph . Baird, County A ministrator <br />Approved as to Form and Le 1 Sufficiency <br />County Attorney v <br />(Owner) <br />�'i <br />Approve d'J BCS; Fobryar �5, 2008 <br />Attest: <br />l <br />Jeffr`K.1 Barton;, ClerlK of Circuit Court <br />By: ''CCG a C <br />Deputy Clerk <br />Page 26 of 40 <br />