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01/22/2013 (2)
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01/22/2013 (2)
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Last modified
6/26/2018 10:46:16 AM
Creation date
3/23/2016 8:55:14 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/22/2013
Meeting Body
Board of County Commissioners
Book and Page
159
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FilePath
H:\Indian River\Network Files\SL00000E\S0004MV.tif
SmeadsoftID
14201
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8.4 General Conditions (Section 00700). <br /> 8.5 Supplementary Conditions (Section 00800). <br /> Documents/Specifications bearing the title "West Regional WWTP Anaerobic Tanks <br /> Odor Control System Design / Project No 4067/ Bid No. 2013013" <br /> 8.6 Addenda numbers 1 to 2 , inclusive. <br /> 8.7 CONTRACTOR'S Bid (Section 00300). <br /> 8.8 Specifications bearing the title "West Regional WWTP Anaerobic Tanks Odor <br /> Control System Design" <br /> 8.9 The following, which may be delivered or issued after the effective date of the Agreement and <br /> are not attached hereto: All written amendments and other documents amending, modifying, <br /> or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General <br /> 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 the <br /> 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 dispose <br /> of the 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 <br /> OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, <br /> at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall <br /> be construed as creating any personal liability on the part of any officer or agent of the <br /> 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 lawsuit <br /> brought by either party against the other party or otherwise arising out of this agreement shall <br /> be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States <br /> District Court for the Southern District of Florida. <br /> 9.6 The CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and <br /> employees, from liabilities, damages, losses and costs, including, but not limited to, <br /> reasonable attorney's fees, to the extent caused by the negligence, recklessness, or <br /> intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by <br /> the CONTRACTOR in the performance of the construction contract. Nothing herein shall <br /> effect the rights, privileges, and immunities of the OWNER as set forth in Section 768.28, <br /> Florida Statutes. <br /> 00530-5 <br /> 75 <br />
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