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2008-213 (6)
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2008-213 (6)
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Last modified
4/6/2016 10:45:09 AM
Creation date
10/1/2015 12:21:02 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
07/01/2008
Control Number
2008-213
Agenda Item Number
8.AA
Entity Name
Ocean Gate General Contractors
Subject
Wabasso Beach Park Restoration
Area
Wabasso Beach
Project Number
2008032
Supplemental fields
SmeadsoftID
7471
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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 />
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