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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. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and 'repiiesents that it has no obligation of indebtedness that would impair its ability to fulfill.the terms.of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more, counterparts, ;but all such counterparts, when duly executed, shall constitute one and the same,Agreement. 9.9. Public Records. Indian River County is a public.,agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's, Public Record's..Law. Specifically, the Contractor shall: A. Keep and maintain public records`` required" by the County to perform the service. B. Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records..6r allow the records to be inspected or copied within a reasonable time at-a;cost that does not exceed the cost provided in Chapter 119 or as otherwise' provided bylaw: C. Ensure that public records that are,";`,exempt or confidential and exempt from public records disclosuce.-requirements are not'disclosed except as authorized by law for the duration 'of the conteact.term and,following completion of the contract if the . contractor does not transfer'tyihe,.records to the County. D. Upon,.completion of the contract; transfer, at no cost, to the County all public records in. possession of the;.Contractor or keep and maintain public records required by,the County to,,perform the service. If the Contractor transfers all public records. to the County upon completion of the contract, the Contractor shall destroy any duplicate public,records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements -for retaining public records. All records stored electronically must be p'rovide'd t6the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords0-ircam.com 00530-7 P157