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A. No assignment by a party hereto of any rights under or interests in the Contract will be <br /> binding on another party hereto without the written consent of the party sought to be <br /> bound; and, specifically but without limitation, moneys that may become due and moneys <br /> that are due may not be assigned without such consent (except to the extent that the <br /> effect of this restriction may be limited by law), and unless specifically stated to the <br /> contrary in any written consent to an assignment, no assignment will release or discharge <br /> the assignor from any duty or responsibility under the Contract Documents. <br /> 10.03 Successors and Assigns <br /> A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and <br /> legal representatives to the other party hereto, its partners, successors, assigns, and legal <br /> representatives in respect to all covenants, agreements, and obligations contained in the <br /> Contract Documents. <br /> 10.04 Severability <br /> A. Any provision or part of the Contract Documents held to be void or unenforceable under <br /> any Law or Regulation shall be deemed stricken, and all remaining provisions shall <br /> continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the <br /> Contract Documents shall be reformed to replace such stricken provision or part thereof <br /> with a valid and enforceable provision that comes as close as possible to expressing the <br /> intention of the stricken provision. <br /> 10.05 Venue <br /> A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit <br /> brought by either party against the other party or otherwise arising out of this Contract <br /> shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the <br /> United States District Court for the Southern District of Florida. <br /> 10.06 Public Records Compliance <br /> A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The <br /> Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor <br /> shall: <br /> (1) Keep and maintain public records that ordinarily and necessarily would be required <br /> by the County in order to perform the service. <br /> (2) Provide the public with access to public records on the same terms and conditions <br /> that the County would provide the records and at a cost that does not exceed the <br /> cost provided in chapter 119 or as otherwise provided by law. <br /> (3) Ensure that public records that are exempt or confidential and exempt from public <br /> records disclosure requirements are not disclosed except as authorized by law. <br /> (4) Meet all requirements for retaining public records and transfer, at no cost, to the <br /> County all public records in possession of the Contractor upon termination of the <br /> Agreement and destroy any duplicate public records that are exempt or <br /> confidential and exempt from public records disclosure requirements. All records <br /> stored electronically must be provided to the County in a format that is compatible <br /> with the information technology systems of the County. <br /> B. Failure of the Contractor to comply with these requirements shall be a material breach of <br /> this Agreement. <br /> 00520-Agreement(Public works)FOR LAP PROJECTS-FOR CONTRACTOR <br /> 00520-8 <br /> F:\Purchasing\Bids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc <br />