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Specifications bearing the title "Indian River County Department of Utility Services Water and Wastewater
<br />Utility Standards, December 1, 2015", or the latest version thereof.
<br />8.10 The following, which may be delivered or issued after the effective date of the Agreement and are not
<br />attached hereto: All written amendments and other documents amending, modifying, or supplementing
<br />the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions.
<br />There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may
<br />only be amended, modified or supplemented as provided in Paragraphs 3.04 of the 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 have the
<br />meanings indicated in the General Conditions.
<br />9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the
<br />contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be
<br />brought in its name for the benefit of others, without previous consent of the OWNER and concurred
<br />to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be
<br />deemed an event of default hereunder. Nothing herein shall be construed as creating any personal
<br />liability on the part of any officer or agent of the 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 representatives in
<br />respect of all covenants, agreements and obligations contained in the Contract Documents.
<br />9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the
<br />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 brought
<br />by either party against the other party or otherwise arising out of this agreement shall be in Indian River
<br />County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the
<br />Southern District of Florida.
<br />9.6 CONTRACTOR agrees to defend, hold harmless and indemnify the OWNER, including its
<br />commissioners, officers, employees, agents and engineers, from all claims, liabilities, damages, losses
<br />and expenses, including, but not limited to, reasonable attorney's fees, to the extent caused by
<br />negligence, recklessness, intentional misconduct, breach of this agreement or breach of applicable law
<br />by the CONTRACTOR or persons employed or utilized by the CONTRACTOR in the performance of
<br />this Agreement. This provision shall survive the termination or expiration of this Agreement.
<br />Indemnification hereunder shall be limited to $5 million per occurrence.
<br />9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of
<br />payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness.
<br />The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that
<br />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 counterparts,
<br />when duly executed, shall constitute one and the same Agreement.
<br />Agreement
<br />00530-6
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