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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 County, 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 <br /> by the CONTRACTOR in the performance of the construction contract. <br /> 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a <br /> guarantor of payment or surety for any Agreement, debt, obligation,judgment, lien or any <br /> form of indebtedness. The CONTRACTOR further warrants and represents that it has no <br /> obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. <br /> 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such <br /> counterparts, when duly executed, shall constitute one and the same Agreement. <br /> 9.9, Public Records. Indian River County is a public agency subject to Chapter 119, Florida <br /> Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, <br /> the Contractor shall: <br /> 1. Keep and maintain public records required by the County to perform the service. <br /> 2. Upon request from the County's Custodian of Public Records, provide the County with <br /> a copy of the requested records or allow the records to be inspected or copied within <br /> a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or <br /> 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 for the <br /> duration of the contract term and following completion of the contract if the contractor <br /> does not transfer the records to the County. <br /> 4. Upon completion of the contract, transfer, at no cost, to the County all public records <br /> in possession of the Contractor or keep and maintain public records required by the <br /> County to perform the service. If the Contractor transfers all public records to the <br /> County upon completion of the contract, the Contractor shall destroy any duplicate <br /> public records that are exempt or confidential and exempt from public records <br /> disclosure requirements. If the contractor keeps and maintains public records upon <br /> completion of the contract, the Contractor shall meet all applicable requirements for <br /> retaining public records. All records stored electronically must be provided to the <br /> County, upon request from the Custodian of Public Records, in a format that is <br /> 00530-7 <br />