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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 <br />any of them or anyone for whose acts any of them may be liable, the indemnification <br />obligation under the previous paragraph shall not be limited in any way as to the amount <br />or type of damages, compensation or benefits payable by or for the contractor or any <br />subcontractor under Workers' Compensation Acts, disability benefit acts, or other <br />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 make it <br />a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form <br />of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of <br />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 <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 provisions <br />of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. <br />9.10. Severability. If any term or provision of this Agreement or the application <br />thereof to any person or circumstance shall, to any extent, be held invalid or <br />unenforceable for the remainder of this Agreement, then the application of such term or <br />provision to persons or circumstances other than those as to which it is held invalid or <br />unenforceable shall not be affected, and every other term and provision of this Agreement <br />shall be deemed valid and enforceable to the extent 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 <br />importing the singular number include the plural number, and vice versa. Words of any <br />gender include the correlative words of the other genders, unless the sense indicates <br />otherwise <br />9.13. Entirety Of Agreement. This Agreement incorporates and includes all prior <br />and contemporaneous negotiations, correspondence, conversations, agreements, and <br />understandings applicable to the matters contained herein and the parties agree that there <br />are no commitments, agreements, or understandings concerning the subject matter of this <br />Agreement that are not contained in this document. Accordingly, it is agreed that no <br />deviation from the terms hereof shall be predicated upon any prior representations or <br />agreements, whether oral or written. It is further agreed that no modification, amendment <br />or alteration in the terms and conditions contained herein shall be effective unless <br />contained in a written document executed with the formality and of equal dignity herewith. <br />9.14. Background Recitals. The background recitals are true and correct and form a material <br />00530-7 <br />