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Sample Agreement
<br />4.04 Services related to any individual Work Authorization which would increase, decrease or which are otherwise
<br />outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the
<br />Contractor must obtain the prior written approval of the OWNER as provided by this Agreement. All terms for the
<br />performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a
<br />Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the OWNER shall
<br />become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the OWNER.
<br />4.05 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements.
<br />Each specific Work Authorization, as approved by the OWNER, shall be an addendum to this Agreement. Nothing
<br />contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement
<br />shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein.
<br />ARTICLE 5 - PAYMENT PROCEDURES
<br />5.01 CONTRACTOR shall invoice OWNER weekly for services under each Work Authorization. All payments for
<br />services shall be made to the CONTRACTOR by the OWNER in accordance with the Local Government Prompt
<br />Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Upon a determination
<br />of satisfactory completion, the OWNER Project Manager will authorize payment to be made.
<br />ARTICLE 6 - INDEMNIFICATION
<br />6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities,
<br />damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
<br />negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or
<br />utilized by the CONTRACTOR in the performance of the Work.
<br />ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
<br />7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
<br />representations:
<br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
<br />identified in the Invitation to Bid documents.
<br />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
<br />conditions that may affect cost, progress, and performance of the Work.
<br />C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
<br />affect cost, progress, and performance of the Work.
<br />D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional
<br />or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
<br />(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress,
<br />or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and
<br />procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods,
<br />techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents
<br />to be employed by CONTRACTOR, and safety precautions and programs incident thereto.
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