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2023-132
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2023-132
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Last modified
7/5/2023 1:12:26 PM
Creation date
7/5/2023 1:10:45 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/20/2023
Control Number
2023-132
Agenda Item Number
15.B.3.
Entity Name
Ryan Incorporated Southern
Subject
EJCDC Standard Agreement & Update to the Solid Waste Disposal District rate study
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hereof. <br />8.7 Drawings, inclusive with each sheet bearing the following general title "Phase 1 - Cell 3 Site <br />PPr Faration Class 1 Landfill - Segment 3 Expansion. <br />8.8 Addenda numbers 1 to 2, inclusive. <br />8.9 CONTRACTOR'S Bid (Section 00300). <br />8.10 The following, which may be delivered or issued after the effective date of the Agreement and <br />are not attached hereto: All written amendments and other documents amending, modifying, or <br />supplementing 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 <br />Documents may only be amended, modified, or supplemented as provided in Paragraphs 11.01 of the <br />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 <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 of <br />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, at <br />the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be <br />construed as creating any personal liability on the part of any officer or agent of the OWNER <br />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 <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 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its <br />agents, engineers, employees, elected officers and representatives, from liabilities, damages, <br />losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused <br />by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR <br />and persons employed or utilized by the CONTRACTOR in the performance of the work <br />under this Agreement. This indemnification and hold harmless provision shall survive the <br />termination or expiration of this Agreement. The indemnification is limited to $5 million per <br />occurrence. <br />00530-6 <br />
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