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@ BCL@7C10DA77.docx <br />ARTICLE 9 - MISCELLANEOUS <br />9.01 Terms <br />A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. <br />9.02 Assignment of Contract <br />A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another <br />party hereto without the written consent of the party sought to be bound; and, specifically but without <br />limitation, moneys that may become due and moneys that are due may not be assigned without such consent <br />(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to <br />the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from <br />any duty or responsibility under the Contract Documents. <br />9.03 Successors and Assigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the <br />other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, <br />agreements, and obligations contained in the Contract Documents. <br />9.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation <br />shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and <br />CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or <br />part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention <br />of the stricken provision. <br />9.05 Venue <br />A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either <br />party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, <br />or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. <br />9.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply <br />with Florida's Public Records Law. Specifically, 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 a copy of the <br />requested records or allow the records to be inspected or copied within a reasonable time at a cost that does <br />not exceed the cost provided in Chapter 119 oras otherwise provided by law. <br />4 <br />41 <br />