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J. 00456 General Information Required of Bidders K. Specifications bearing the title "Part A - South County Water Treatment Plant Well No 7 Well, Wellhead and Appurtenances" L. Specifications bearing the title "Part B — South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Technical Specifications" M. Drawings (1-15), inclusive with each sheet bearing the following general title "Well No. 7 at South County Water Treatment Plant Well Wellhead and Appurtenances" dated March 2016 N. Exhibit E-1 bearing the title "Site Plan and Formation Water Temporary Piping Plan" O. Public Construction Bond P. Notice to Proceed ARTICLE 9 - MISCELLANEOUS 9.01 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated April 2016 (including addenda 1 and 2) shall be incorporated herein. 9.03 Merger; Modification.This Agreement, incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained-in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the OWNER. 9.04 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.05 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. Section 00530-7 45