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01/06/2015
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01/06/2015
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Last modified
7/2/2018 11:40:42 AM
Creation date
3/23/2016 9:22:21 AM
Metadata
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Template:
Meetings
Meeting Type
Agenda Packet
Document Type
Agenda Packet
Meeting Date
01/06/2015
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
112-0017-R
Book and Page
273
Subject
Mediation Update Indian River Shores
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000M\S00060I.tif
SmeadsoftID
14736
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8.1.14. CONTRACTOR'S Bid (Section 00300). <br /> 8.1.15, Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, <br /> March 2014", or the latest version thereof. <br /> 8.1.16. KSM Soils Report <br /> 8.1.17. The following, which may be delivered or issued after the effective date of the <br /> Agreement and are not attached hereto: All written amendments and other documents <br /> amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs <br /> 3.04 of the General Conditions. <br /> 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 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 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 herein <br /> 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 <br /> 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. The CONTRACTOR shall indemnify and hold harmless the <br /> OWNER, and its officers and employees, from liabilities, damages, losses and costs, <br /> including, but not limited to, reasonable attorney's fees, to the extent caused by the <br /> negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and <br /> persons employed or utilized by the CONTRACTOR in the performance of the <br /> construction contract. Nothing herein shall affect the rights, privileges, and immunities of <br /> the OWNER as set forth in Section 768.28, Florida Statutes. <br /> 00530-6 <br /> 93 <br />
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