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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 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 /> performance of the work under this Agreement . This indemnification and hold harmless <br /> provision shall survive the termination or expiration of this Agreement . <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 any <br /> form of indebtedness . The CONTRACTOR further warrants and represents that it has no <br /> obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement . <br /> 9 . 8 . Counterparts . This Agreement may be executed in one or more counterparts , but all such <br /> 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 of <br /> Chapter 119 , Florida Statutes ( Public Records Law ) in connection with this Agreement . <br /> (Remainder of this page intentionally left blank) <br /> 00530-7 <br /> F : \Utilities\UTILITY - EMPLOYEE FOLDERS\Larry BrownTront End Docs\00530 Aareement Reiica Aiifmmnfinn rinr <br />