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2010-267
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> 8 . 6 Specifications bearing the title " 3 . 0 MG Ground Reuse Water Storage Tank & Pumping K <br /> Facilities " as listed in the table of contents hereof. <br /> 8 . 7 Drawings , inclusive with each sheet bearing the following general title " 3 . 0 MG Ground <br /> Reuse Water Storage Tank & Pumping Facilities " <br /> 8 . 8 Addenda numbers 1 to 2 inclusive . <br /> 8 . 9 CONTRACTOR ' S Bid ( Section 00300 ) . <br /> 8 . 10 Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards JULY <br /> 2009 " , or the latest version thereof. <br /> 8 . 11 The following , which may be delivered or issued after the effective date of the Agreement <br /> and are not attached hereto : All written amendments and other documents amending , <br /> modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 . 04 of the <br /> General Conditions . <br /> There are no Contract Documents other than those listed above in this Article 8 . The Contract <br /> Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 04 of <br /> the General Conditions . <br /> ARTICLE 9 MISCELLANEOUS <br /> 9 . 1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will <br /> have the meanings indicated in the General Conditions . <br /> 9 . 2 It is agreed that the CONTRACTOR shall not assign , transfer , convey , or otherwise <br /> dispose of the contract or its right , title , or interest in or to the same or any part thereof, or <br /> allow legal action to be brought in its name for the benefit of others , without previous <br /> consent of the OWNER and concurred to by the sureties . Any attempted assignment shall <br /> be void and may , at the option of the OWNER be deemed an event of default hereunder. <br /> Nothing herein shall be construed as creating any personal liability on the part of any officer <br /> or agent of the OWNER who may be a party hereto . <br /> 9 . 3 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 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 <br /> any <br /> lawsuit brought by either party against the other party or otherwise arising out of this <br /> agreement shall be in Indian River County , Florida , or , in the event of federal jurisdiction , in <br /> the United 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 the <br /> extent caused by the negligence , recklessness or intentional wrongful misconduct of the <br /> CONTRACTOR and persons employed or utilized by the CONTRACTOR in the <br /> 00530-6 <br /> F : \Utilities\UTILITY - EMPLOYEE FOLDERS \ Larry Brown\Reuse Tank Agreement summit. doc <br />
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