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5 <br /> !t <br /> 9 <br /> i <br /> t <br /> 9 <br /> 3 <br /> 2 <br /> H. 00452 Sworn Statement Under Section 105 08, Indian River County Code, on Disclosure <br /> of Relationships i <br /> t <br /> I. 00454 Sworn Statement Under the Florida Trench Safety Act <br /> J 00456 General Information Required of Bidders <br /> f <br /> K. Public Construction Bond <br /> L. Notice to Proceed <br /> t <br /> ARTICLE 9 - MISCELLANEOUS <br /> 9.01 Independent Contractor. It is specifically understood and acknowledged by the parties <br /> hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to <br /> be considered employees of the COUNTY, but are independent contractors performing solely under <br /> the terms of the Agreement and not otherwise. ; <br /> 3 <br /> 3 <br /> 9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all <br /> of the requirements set forth in the Invitation to Bid dated 2/29/16 (including <br /> addenda 1 through" shall be incorporated herein. ; <br /> i <br /> 9.03 Merger; Modification. This Agreement, incorporates and includes all prior and <br /> I <br /> contemporaneous negotiations, correspondence, conversations, agreements or understandings <br /> applicable to the matters contained herein and the parties agree that there are no commitments, <br /> agreements, or understandings of any nature whatsoever concerning the subject matter of the { <br /> Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from <br /> the terms hereof shall be predicated upon any prior or contemporaneous representations or <br /> agreements, whether oral or written. No alteration, change, or modification of the terms of this <br /> Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the <br /> OWNER. <br /> 904 Governing Law; Venue. This Agreement, including all attachments hereto, shall be <br /> construed according to 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 <br /> County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the <br /> Southern District of Florida. <br /> 9.05 Remedies, No Waiver. All remedies provided in this Agreement shall be deemed cumulative <br /> and additional, and not in lieu or exclusive of each other or of any other remedy available to either <br /> party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement <br /> shall be cumulative and concurrent and shall be in addition to every other right, power or remedy <br /> provided for in this Agreement or now or hereafter existing at law or in equity or by statute or <br /> otherwise. The failure of either party to insist upon compliance by the other party with any obligation, <br /> or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent <br /> delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any <br /> other delinquency or default. If any legal action or other proceeding is brought for the enforcement <br /> of this Agreement or because of an alleged dispute, breach, default or misrepresentation in <br /> connection with any provisions of this Agreement, each party shall bear its own costs. <br /> 1 <br /> t <br /> 7 <br /> Section 00530-6 <br />