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CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work . Any payment, however, final or otherwise , shall not release the CONTRACTOR or his/her sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . Article 6 . INDEMNIFICATION . CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents , employees , elected officers and representatives , from liabilities , damages, losses, and costs , including but not limited to , reasonable attorney' s fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. This indemnification and hold harmless provision is limited to five million dollars ($ 5 , 000 , 000) and shall survive the termination or expiration of this Contract. Article 7 . PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND . The CONTRACTOR shall furnish the COUNTY immediately upon execution of this Contract a Performance Bond in an amount equal to 100 % of the contract price and a Payment Bond in an amount equal to 100 % of the contract price , conditioned upon the performance of this Contract by the CONTRACTOR in accordance with the terms and conditions hereof, within the time herein provided , and with the additional obligation that such CONTRACTOR shall promptly make payments to all persons supplying him labor, materials and supplies , used directly or indirectly by the said CONTRACTOR in the prosecution of the work provided for in this Contract. The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . Article 8 . REMEDIES AND CHOICE OF LAW . This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise . No single or partial exercise by any party or any right , power, or remedy hereunder shall preclude any other or further exercise thereof Article 9 . GENERAL PROVISIONS . 9_1 Independent Contractor. The parties expressly recognize that the relationship between the COUNTY and CONTRACTOR is that of OWNER and independent contractor, and that neither the CONTRACTOR nor any of his servants , agents , or employees shall ever be considered to be an agent, servant, or employee of the COUNTY . 9 . 2 . Pledge of Credit . The CONTRACTOR shall not pledge the COUNTY ' s credit or make it a guarantor of payment or surety for any Agreement, debt, obligation , judgment, lien or any form of indebtedness . The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. AGREEMENT A4