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2014-059A
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2014-059A
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Last modified
3/13/2017 11:36:23 AM
Creation date
10/1/2015 6:08:55 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/06/2014
Control Number
2014-059A
Agenda Item Number
8.E.
Entity Name
Florida Design Drilling Corp.
Subject
Water Plant Storage Tank Interconnect Project
Area
South County RO Water Plant
Bid Number
2014031
Supplemental fields
SmeadsoftID
13322
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8.1.5. <br />8.1.6. <br />8.1.7. <br />8.1.8. <br />8.1.9. <br />8.1.10. <br />8.1.11. <br />Supplementary Conditions (Section 00800). <br />Specifications bearing the title "South County RO Water Plant Storage Tank <br />Interconnect Proiect" as listed in the table of contents hereof. <br />Drawings and details inclusive with each sheet bearing the following general title <br />`South County RO Water Plant Storage Tank Interconnect Project", inclusive. <br />Addenda numbers i to 1 <br />CONTRACTOR'S Bid (Section 00300) <br />Specifications beanng the title ' IRCDUS Water and Wastewater Utility Standards, <br />July 2011 , or the latest version thereof, <br />The following, which may be delivered or issued after the effective date of the <br />Agreement and are not attached hereto: All written amendments and other <br />documents amending, modifying, or supplementing the Contract Documents <br />pursuant to Paragraphs 3.04 of the General Conditions. <br />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 />9A. 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 of <br />this Contract or its right, title, or interest in or to the same or any part thereof, or allow legal action <br />to be brought in its name for the benefit of others, without previous consent of the OWNER and <br />concurrence to by the sureties. Any attempted assignment shall be void and may at the option of <br />the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as <br />creating any personal liability on the part of any officer or agent of the OWNER who may be a party <br />hereto. OWNER and CONTRACTOR each binds itself, its successors, assigns and legal <br />representatives to the other party hereto and to its successors, assigns and legal representatives <br />in respect of all covenants, agreements and obligations contained in the Contract Documents. <br />9.3. Licenses. The CONTRACTOR shall be properly licensed to practice its trade or trades <br />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 of federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. No remedy herein <br />conferred upon any party is intended to be exclusive of any other remedy and each and every such <br />remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by <br />any party or any right power, or remedy hereunder shall preclude any other or further exercise <br />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 negligence <br />recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or <br />utilized by the CONTRACTOR in the performance of the work under this Agreement. This <br />00530-5 <br />
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