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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 />