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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 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 <br /> 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 in <br /> 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 <br /> the State of Florida . Venue for any lawsuit brought by either party against the other party <br /> or <br /> otherwise arising out of this agreement shall be in Indian River County , Florida , or , in the event <br /> of <br /> federal 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 <br /> and every such remedy shall be cumulative and shall be in addition to every such remedy <br /> given hereunder or now or hereafter existing at law or in equity or by statute or otherwise . <br /> No single or partial exercise by any party or any right , power, or remedy hereunder shall <br /> preclude any other or further exercise thereof. <br /> 9 . 5 . Indemnification . CONTRACTOR agrees to indemnify and hold harmless the <br /> OWNER , together with its agents , engineers , employees , elected officers and representatives , <br /> from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney' s fees , <br /> to the extent caused by the negligence , recklessness or intentional wrongful misconduct of the <br /> CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of <br /> the work under this Agreement . This indemnification and hold harmless provision shall survive the <br /> termination or expiration of this Agreement . <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 ability to fulfill the terms of this Agreement . <br /> 00530 - 7 <br />