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B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly <br />noted otherwise above). <br />C. There are no Contract Documents other than those listed above in this Article 9, <br />D. The Contract Documents may only be amended, modified, or supplemented as provided in <br />paragraph 3.04 of the General Conditions (and Supplementary Conditions if applicable). <br />ARTICLE 10 = MISCELLANEOUS <br />10.01 Terms <br />A. Terms used in this Agreement will have the meanings indicated in the General Conditions (and <br />Supplementary Conditions if applicable). <br />10.02 Assignment of Contract <br />A. No assignment by a party hereto of any rights under or interests in the Contract will be binding <br />on another party hereto without the written consent of the party sought to be bound; and, <br />specifically but without limitation, moneys that may become due and moneys that are due may <br />not be assigned without such consent (except to the extent that the effect of this restriction may <br />be limited by law), and unless specifically stated to the contrary in any written consent to an <br />assignment, no assignment will release or discharge the assignor from any duty or <br />responsibility under the Contract Documents, <br />10.03 Successors and Assigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal <br />representatives to the other party hereto, its partners, successors, assigns, and legal <br />representatives in respect to all covenants, agreements, and obligations contained in the <br />Contract Documents, <br />10.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any <br />Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be <br />valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents <br />shall be reformed to replace such stricken provision or part thereof with a valid and enforceable <br />provision that comes as close as possible to expressing the intention of the stricken provision. <br />10.05 Venue <br />A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this Contract shall be <br />in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States <br />District Court for the Southern District of Florida. <br />10.06. Counterparts. This Agreement may be executed in one or more counterparts, but all such <br />counterparts, when duly executed, shall constitute one and the same Agreement. <br />10.07. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of <br />Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. <br />Last Revision 12/2007 00520- 8 Wabasso Beach Pk. Restoration <br />F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- <br />2008\00520 - Agreement (Public Works).doc <br />