Laserfiche WebLink
8 . 2 . There are no Contract Documents other than those listed above in this Article 8 . The <br /> Contract Documents may only be amended , modified or supplemented as provided in Paragraphs <br /> 3 . 04 of the General Conditions , <br /> ARTICLE 9 MISCELLANEOUS <br /> 9 . 1 , Definitions . Terms used in this Agreement that are defined in Article 1 of the General <br /> Conditions will have the meanings indicated in the General Conditions , <br /> 9 . 2 . No Assignment , The CONTRACTOR shall not assign , transfer , or otherwise dispose <br /> of this Contract or its right , title , or interest in or to the same or any part thereof <br />, or allow legal <br /> action to be brought in its name for the benefit of others , without previous consent of the OWNER <br /> and concurrence to by the sureties . Any attempted assignment shall be void and may , at the <br /> option of the OWNER be deemed an event of default hereunder. Nothing herein shall be <br /> construed as creating any personal liability on the part of any officer or agent of the OWNER who <br /> may be a party hereto . OWNER and CONTRACTOR each binds itself , its successors , assigns <br /> and legal representatives to the other party hereto and to its successors , assigns and legal <br /> representatives in respect of all covenants , agreements and obligations contained in the Contract <br /> Documents . <br /> 9 . 3 . Licenses . The CONTRACTOR shall be properly licensed to practice its trade or <br /> trades which are involved in the completion of this Agreement and the work thereunder. <br /> 9 . 4 . Remedies and Choice of Law This Agreement shall be governed by the laws of the <br /> State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise <br /> arising out of this agreement shall be in Indian River County , Florida , or, in the event <br /> of federal <br /> jurisdiction , in the United States District Court for the Southern District of Florida . No remedy <br /> herein conferred upon any party is intended to be exclusive of any other remedy and each and <br /> every such remedy shall be cumulative and shall be in addition to every such remedy given <br /> hereunder or now or hereafter existing at law or in equity or by statute or otherwise . No single or <br /> partial exercise by any party or any right , power , or remedy hereunder shall preclude any other or <br /> further exercise thereof. <br /> 9 . 5 . Indemnification . CONTRACTOR agrees to indemnify and hold harmless the <br /> OWNER , together with its agents , engineers , employees , officers , elected officials and <br /> representatives , from liabilities , damages , losses , and costs , including but not limited to , <br /> reasonable attorney ' s fees , to the extent caused by a breach of this agreement or the <br /> negligence , recklessness or intentional wrongful misconduct of the CONTRACTOR and <br /> persons employed or utilized by the CONTRACTOR in the performance of the work under this <br /> Agreement . This indemnification and hold harmless provision shall survive the termination or <br /> expiration of this Agreement . <br /> 9 . 6 . Availability of Funds . The obligations of the Owner under this Contract are subject <br /> to the availability of funds lawfully appropriated for its purpose by the Board of County <br /> Commissioners of Indian River County . <br /> 9 . 7 . Pledge of Credit . The CONTRACTOR shall not pledge the OWNER ' S credit or <br /> make it a guarantor of payment or surety for any Agreement , debt , obligation , judgment , lien or <br /> 00530 - 6 <br />