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contain the Contractor's certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work, based on the number of units completed . In addition , the Owner shall pay Contractor for any materials pre-fabricated and stored onsite, provided that Contractor provides sufficient documentation of the quantity and identity of such items on the related application for payment, and further provided that title to such materials is certified by the Contractor to pass to the Owner free and clear of any liens at the time of payment. Contractor acknowledges and agrees that the final payment shall be equal to at least 10%of the project cost. 8 . ACCEPTANCE AND FINAL PAYMENT. The final pay request shall be accompanied by a Certificate of Acceptance issued by the Owner, stating that the work has been completed to its satisfaction and in compliance with the Agreement. The Certificate of Acceptance shall not be issued until the final inspection has occurred . Thereafter, and in accordance with the Florida Prompt Payment Act, the Owner shall pay the remaining 10%of the project cost to the Contractor after final approval by the Indian River County Board of County Commissioners. 9. ACCEPTANCE OF FINAL PAYMENT AS RELEASE. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner from all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the work under this Contract and for every act and neglect of the Owner and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the Contractor or its sureties from any obligations under the Payment and Performance Bonds . 10. INDEPENDENT CONTRACTOR. It is specifically acknowledged and agreed by the parties hereto that the Contractor is and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the Services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Contractor's sole direction , supervision , and control, The Contractor shall exercise control over the means and manner in which Contractor and its employees perform the Services, and in all respects the Contractor's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees, agents, or servants of the County. 11 . NO ASSIGNMENT. It is agreed that the Contractor shall not assign , transfer, convey, or otherwise dispose of the contract or its right, title , or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the Owner and concurred to by the sureties . Any attempted assignment shall be void and may, at the option of the Owner be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the Owner who may be a party hereto. 12 . BINDING AGREEMENT. Owner And Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, 3