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2025047 Indian River Drive Drainage Improvements
<br />Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant
<br />requirements and guidelines.
<br />5.04 Acceptance of Final Payment as Release.
<br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the
<br />OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may
<br />be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work
<br />under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of
<br />the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from
<br />any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond.
<br />ARTICLE.s - INDEMNIFICATION
<br />6.oi CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from
<br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent
<br />caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and
<br />persons employed or utilized by the CONTRACTOR in the performance of the Work.
<br />ARTICLE 6 - 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
<br />data 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,
<br />and Site 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
<br />that may affect cost, progress, and performance of the Work
<br />D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
<br />additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning
<br />conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost,
<br />progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
<br />sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific
<br />means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the
<br />Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident
<br />thereto.
<br />E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
<br />studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,
<br />and in accordance with the other terms and conditions of the Contract Documents.
<br />F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
<br />Site that relates to the Work as indicated in the Contract Documents.
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