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ARTICLE 9 MISCELLANEOUS <br />9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will <br />have the meanings indicated in the General Conditions. <br />9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose <br />of the contract 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 <br />OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, <br />at the option of the OWNER be deemed an event of defaulhereunder. Nothing herein shall <br />be construed as creating any personal liability on the partof any officer or agent of the <br />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' artners, successors, assigns and legal <br />representatives in respect of all covenants, agreements and obligations contained in the <br />Contract Documents. <br />\ <br />9.4 The CONTRACTOR shall be propeffy Iicensed\topractice its trade`br trades which are <br />involved in the completion of this Agre ment and the Work thereunder. <br />\\\ <br />9.5 This Agreement shall be governe' dsby*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 *the\event of�federal jurisdiction, in the United States <br />District Court for the(Southern District oof�Florid�a.� <br />9.6 The CONTRACTOR shal it it nndemnify and'hold Harmless the County, and its officers and <br />employees, from liabilities, darrag to es and costs, including, but not limited to, <br />reasonable attorney's fees to the extent caused by the negligence, recklessness, or <br />intentional wrongfuhm sconduct ofthe CONTRACTOR and persons employed or utilized by <br />the CONTRACTPR-irithe,performance of the construction contract. <br />9.7 (Pledge of Credit. Th,CONTI CTOR shall not pledge the OWNER'S credit or make it a <br />guarantor of payrnent or surety for any Agreement, debt, obligation, judgment, lien or any <br />form of i debtedness.\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, the <br />Contractor shall: <br />A. Keep and maintain public records required by the County to perform the service. <br />B. Upon request from the County's Custodian of Public Records, provide the County <br />with a copy of the requested records or allow the records to be inspected or copied <br />within a reasonable time at a cost that does not exceed the cost provided in <br />Chapter 119 or as otherwise provided by law. <br />153 <br />