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6.1. No Assignment. The CONTRACTOR shall not assign, transfer, or otherwise dispose of
<br /> this Agreement 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 OWNER
<br /> and concurrence to by the sureties. Any attempted assignment shall be void and may, at the
<br /> option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed
<br /> as creating any personal liability on the part of any officer or agent of the OWNER who may be a
<br /> party 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
<br /> in respect of all covenants, agreements and obligations contained in this Agreement.
<br /> 6.2. Licenses. The CONTRACTOR shall be properly licensed to practice its trade or
<br /> trades which are involved in the completion of this Agreement and the work thereunder.
<br /> 6.3. 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 every such
<br /> remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now
<br /> or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
<br /> any party or any right, power, or remedy hereunder shall preclude any other or further exercise
<br /> thereof.
<br /> 6.4. Indemnification. CONTRACTOR agrees to indemnify and hold harmless the
<br /> OWNER, together with its agents, engineers, employees, officers, elected officials and
<br /> representatives, from liabilities, damages, losses, and costs, including but not limited to,
<br /> reasonable attorney's fees, to the extent caused by a breach of this agreement or the negligence,
<br /> recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or
<br /> utilized by the CONTRACTOR in the performance of the work under this Agreement. This
<br /> indemnification and hold harmless provision shall survive the termination or expiration of this
<br /> Agreement.
<br /> 6.5 Insurance. CONTRACTOR is responsible for obtaining any and all necessary
<br /> insurance, including, but not limited to Workers Compensation, Auto Liability, General Liability
<br /> including Products and Completed Operations, Pollution Liability and pool pop up or floatation
<br /> insurance to protect OWNER against damage to the Competitive Pool at the North County
<br /> Aquatics, including protection against the Competitive Pool at the North County Aquatics Center
<br /> from popping out. CONTRACTOR shall procure and maintain, for the duration of this Agreement,
<br /> the minimum insurance coverage as set forth herein.
<br /> 6.5.1. Workers' Compensation: Workers' Compensation as required by the State
<br /> of Florida. Employers' Liability of $500,000 each accident, $500,000 disease policy limit, and
<br /> $500,000 disease each employee.
<br /> 6.5.2. General Liability: commercial general liability coverage, including
<br /> contractual liability and independent contractor, with a minimum combined single limit of
<br /> $1,000,000 per occurrence and personal injury coverage of $1,000,000
<br /> 6.5.3. Business Automobile Liability: owned, hired, and non-owned vehicles at a
<br /> minimum combined single limit of $1,000,000 per occurrence and personal injury coverage of
<br /> $1,000,000 for bodily injury and property damage for owned and non-owned vehicles.
<br /> 6.5.4. Limited Worksite Pollution coverage of no less than $100,000.
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