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2008-146
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2008-146
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Last modified
4/1/2016 1:50:14 PM
Creation date
10/1/2015 12:09:31 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/13/2008
Control Number
2008-146
Agenda Item Number
8.D.
Entity Name
Young's Communications Co.
Subject
Winter Grove Subdivision Water Assessment Project
Installation of water main
Area
Winter Grove Subdivision
Project Number
UCP 3013
Bid Number
2008046
Supplemental fields
SmeadsoftID
7012
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9 . 3 OWNER and CONTRACTOR each bir ,ds itself, its partners, successors, assigns and legal <br /> representatives to the other party hereto, its partners, successors, assigns and legal <br /> representatives in respect of all covenants, agreements and obligations contained in the <br /> Contract Documents. <br /> 9 .4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are <br /> involved in the completion of this Agreement and the work thereunder. <br /> 9. 5 This Agreement 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 agreement <br /> shall be in Indian River County, Florida , or, in the event of federal jurisdiction , in the United <br /> States District Court for the Southern District of Florida. <br /> 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its <br /> agents, engineers , employees, elected officers and representatives, from liabilities , <br /> damages, losses , and costs , including but not limited to, reasonable attorney's fees, to <br /> the extent caused by the negligence, recklessness or intentional wrongful misconduct of <br /> the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the <br /> performance of the work under this Agreement. This indemnification and hold harmless <br /> provision shall survive the termination or expiration of this Agreement. The <br /> indemnification is limited to $5 million per occurrence. <br /> 9. 7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a <br /> guarantor of payment or surety for any Agreement, debt, obligation , judgment, lien or <br /> any form of indebtedness. The CONTRACTOR further warrants and represents that it <br /> has no obligation of indebtedness that would impair its ability to fulfill the terms of this <br /> Agreement. <br /> 9 . 8 . Counterparts . This Agreement may be executed in one or more counterparts , but all <br /> such counterparts , when duly executed , shall constitute one and the same Agreement. <br /> 9. 9 . Public Records. The OWNER and the CONTRACTOR shall comply with the provisions <br /> of Chapter 119, Florida Statutes (Public Records Law) in connection with this <br /> Agreement. <br /> (Remainder of This Page Intentionally Left Blank) <br /> 00530-6 <br /> H\Projects\0741 \Bidding Contract Specifications\Spec Templatex2007\00530 Agreement between Owner Contractor Rev. <br /> 012507.doc <br />
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