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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 <br /> of this Contract or its right, title, or interest in or to the same or any part thereof, or allow legal <br /> action to be brought in its name for the benefit of others, without previous consent of the OWNER <br /> and concurrence to by the sureties. Any attempted assignment shall be void and may, at the <br /> option of the OWNER be deemed an event of default hereunder. Nothing herein shall be <br /> construed as creating any personal liability on the part of any officer or agent of the OWNER who <br /> may be a party hereto. OWNER and CONTRACTOR each binds itself, its successors, assigns <br /> and legal representatives to the other party hereto and to its successors, assigns and legal <br /> representatives in respect of all covenants, agreements and obligations contained in the Contract <br /> Documents. <br /> 9.3. Licenses. The CONTRACTOR shall be properly licensed to practice its trade or <br /> trades 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 <br /> herein conferred upon any party is intended to be exclusive of any other remedy and each and <br /> every such remedy shall be cumulative and shall be in addition to every such remedy given <br /> hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or <br /> partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or <br /> 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 <br /> fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct <br /> of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the <br /> performance of the work under this Agreement. This indemnification and hold harmless <br /> provision shall survive the termination or expiration of this Agreement. <br /> 9.6. Availability of Funds. The obligations of the Owner under this Contract are subject <br /> to 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 /> 00530-6 <br /> 68 <br />