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9 . 5 . Indemnification . The CONTRACTOR shall indemnify and hold harmless the
<br /> OWNER , and its officers , employees , engineers , agents and representatives from liabilities ,
<br /> damages , losses and costs , including , but not limited to , reasonable attorney's fees , to the extent
<br /> caused by the negligence , recklessness , or intentional wrongful misconduct of the CONTRACTOR
<br /> and persons employed or utilized by the CONTRACTOR in the performance of the construction
<br /> contract . Nothing herein shall affect the rights , privileges , and immunities of the OWNER as set
<br /> forth in Section 768 . 28 , Florida Statutes .
<br /> In any and all claims against the County or any of its agents or employees , by any
<br /> employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of
<br /> them or anyone for whose acts any of them may be liable , the indemnification obligation under the
<br /> previous paragraph shall not be limited in any way as to the amount or type of damages ,
<br /> compensation or benefits payable by or for the contractor or any subcontractor under Workers'
<br /> Compensation Acts , disability benefit acts , or other employee benefit acts .
<br /> 9 . 6 . Availability of Funds . The obligations of the Owner under this Contract are subject to
<br /> 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 /> any form of indebtedness . The CONTRACTOR further warrants and represents that it has no
<br /> obligation of indebtedness that would impair its Lability to f41fill the terms of this 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
<br /> provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this
<br /> Agreement .
<br /> 9 . 10 . Severability . If any term or provision of this Agreement or the application thereof to
<br /> any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder
<br /> of this Agreement , then the application of such term or provision to persons or circumstances
<br /> other than those as to which it is held invalid or unenforceable shall not be affected , and
<br /> every
<br /> other term and provision of this Agreement shall be deemed valid and enforceable to the extent
<br /> permitted by law.
<br /> 9 . 11 . Captions and Interpretations . Captions in this Agreement are included for
<br /> convenience only and are not to be considered in any construction or interpretation of this
<br /> Agreement or any of its provisions . Unless the context indicates otherwise , words importing the
<br /> singular number include the plural number, and vice versa . Words of any gender include the
<br /> correlative words of the other genders , unless the sense indicates otherwise
<br /> 9 . 13 . Entirety Of Agreement. This Agreement incorporates and includes all prior and
<br /> contemporaneous negotiations , correspondence , conversations , agreements , and understandings
<br /> applicable to the matters contained herein and the parties agree that there are no commitments ,
<br /> agreements , or understandings concerning the subject matter of this Agreement that are not
<br /> contained in this document. Accordingly , it is agreed that no deviation from the terms hereof shall
<br /> be predicated upon any prior representations or agreements , whether oral or written . It is further
<br /> agreed that no modification , amendment or alteration in the terms and conditions contained herein
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