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03/11/2014 (2)
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03/11/2014 (2)
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Last modified
11/5/2019 3:25:11 PM
Creation date
3/23/2016 8:45:52 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/11/2014
Meeting Body
Board of County Commissioners
Book and Page
214
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FilePath
H:\Indian River\Network Files\SL00000D\S0003VB.tif
SmeadsoftID
13692
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8.7 Drawings, inclusive with each sheet bearing the following general title "Central VVWTP <br /> Sludge Holding Tank Modifications" <br /> 8.8 Addenda numbers to - inclusive. <br /> 140.- <br /> 8.9 CONTRACTOR'S Bid (Section 00300). <br /> 8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards <br /> SEPTEMBER 2011" or the latest version thereof. <br /> 8.11 The following, which may be delivered or issued after the effective date of the Agreement <br /> and are not attached hereto All written amendments and other documents amending, <br /> modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the <br /> General Conditions. <br /> There are no Contract Documents other than those listed above in this Article 8. The Contract <br /> Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of <br /> the General Conditions. <br /> ARTICLE 9 MISCELLANEOUS <br /> 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will <br /> have the meanings indicated in the General Conditions. <br /> 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise <br /> dispose of the contract or its right, title, or interest in or to the same or any part thereof, or <br /> allow legal action to be brought in its name for the benefit of others, without previous <br /> consent of the OWNER and concurred to by the sureties. Any attempted assignment shall <br /> be void and may, at the option of the OWNER be deemed an event of default hereunder. <br /> Nothing herein shall be construed as creating any personal liability on the past of any <br /> officer or agent of the OWNER who may be a party hereto. <br /> 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal <br /> representatives to the other party hereto, its partners, successors, assigns and legal <br /> representatives in respect of all covenants, agreements and obligations contained in the <br /> Contract Documents. <br /> 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are <br /> involved in the completion of this Agreement and the work thereunder. <br /> 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any <br /> lawsuit brought by either party against the other party or otherwise arising out of this <br /> agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, <br /> in the United States District Court for the Southern District of Florida. <br /> 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its <br /> agents, engineers, employees, elected officers and representatives, from liabilities, <br /> damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the <br /> extent caused by the negligence, recklessness or intentional wrongful misconduct of the <br /> 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. The indemnification <br /> is limited to $5 million per occurrence. <br /> 00530-6 <br /> 76 <br />
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