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L final and conclusive ; and such determination and decision in case a question shall arise shall be Y a condition precedent to the right of the Contractor to receive any money hereunder. 3 . 4 . Any clause or section of this contract or specification which may for any reason be declared invalid by a court or competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 4 . QUANTITIES AND PRICES The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on the items of work set forth in the Contractor ' s Bid Form. Article 5 . ACCEPTANCE AND FINAL PAYMENT 5 . 1 . When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the Contractor, and filed with the Owner within fifteen ( 15 ) days after the date of completion. 5 . 2 . The final estimate shall be accompanied by a Certificate of Acceptance issued by the Engineer, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed As-Built Drawings of the actual construction have been furnished to the Owner and verified. 5 . 3 . In accordance with the Local Government Prompt Payment Act, after receipt of the Engineer ' s final acceptance by the Owner, the Owner shall make payment to the Contractor in the full amount. Payment of the lump sum amount and acceptance of such payment by the Contractor shall release the Owner from all claims or liabilities to the Contractor in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Conditions , Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds , and the Drawings , together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of Federal jurisdiction, in the United States District Court for the Southern District of Florida. IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . ( Remainder of This Page Intentionally Left Blank) Page 45 of 55