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CONTRACTOR shall require all Subcontractors , Suppliers , and such other individuals or entities performing or furnishing any of the Work to communicate with ENGINEER through CONTRACTOR . r Compliance with Laws and Regulations : All County, State and Federal law, regulations or ordinances must be strictly observed. CONTRACTOR shall be responsible for all practical and legal notices and signals to the public while the work is in progress and shall take precautions that may be necessary to protect life and property. 'r Indemnification : CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents , employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to , reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Contract; or by or on account of, any claim or amounts recovered from any infringement of patent, trademark or copyright by the CONTRACTOR in the performance of the Contract. This indemnification and hold harmless provision shall survive the termination or expiration of the Contract. Conduct of the Work : All materials and equipment incorporated into theWork shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract. . All special warranties and guarantees required by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports or required tests) as to the source, kind, and quality of materials and equipment . Equipment used by CONTRACTOR in performance of the Work shall be modern, in good 60 condition, and of adequate size and proper type to perform the duty required . Permits and Licenses : CONTRACTOR shall procure all permits, pay all charges and fees and give all notice necessary and incidental to the performance of the work. If required the COUNTY will obtain site plan approval and will pay all impact fees. CONTRACTOR shall procure all licenses and obtain the Indian River County building permit at actual costa CONTRACTOR shall prepare all documents necessary for permits including signed and sealed drawings as prepared by a Florida Registered Professional Engineer, as may by required by the Building Department or other permitting agency. All costs shall be included in the appropriate bid item. Included in the attached APPENDIX is determination by the FDEP concerning Florida Statutes section 403 . 813 . Availability Of Funds . The obligations of the COUNTY under the Contract to be entered are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence, and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. Liens : This project is a "Public Works" under Chapter 255 , Florida Statutes . No liens may p be filed against the OWNER. Pursuant to Florida Statutes Section 255 . 05 ( 1 )(a)(2006), any Page 11 of 55