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8 . 2 . There are no Contract Documents other than those listed above in this Article 8 . The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 04 of the General Conditions . ARTICLE 9 MISCELLANEOUS 9 . 1 . Definitions . Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions . 9 . 2 . No Assignment . The CONTRACTOR shall not assign , transfer , or otherwise dispose of this Contract or its right , title , or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others , without previous consent of the OWNER and concurrence to by the sureties . Any attempted assignment shall be void and may , at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto . OWNER and CONTRACTOR each binds itself, its successors , assigns and legal representatives to the other party hereto and to its successors , assigns and legal representatives in respect of all covenants , agreements and obligations contained in the Contract Documents . 9 . 3 . Licenses . . The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder . 9 . 4 . 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. 9 . 5 . Indemnification . CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , engineers , 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 intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement . This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement . 9 . 6 . Availability of Funds . The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 9 . 7 . Pledge of Credit . The CONTRACTOR shall not pledge the OWNER ' 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 . 00530 - 7