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2015-128B
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2015-128B
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E. CONTRACTOR'S Bid Form <br />F. Bid Bond <br />G. 00413 Schedule of Subcontractors <br />H. 00452 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure <br />of Relationships <br />I. 00454 Sworn Statement Under the Florida Trench Safety Act <br />J. 00456 General Information Required of Bidders <br />K. Public Construction Bond <br />L. Notice to Proceed <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 />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 May 7. 2015 (including <br />addenda _1_ through _1J shall be incorporated herein. <br />9.03 Merger; Modification. This Agreement, incorporates and includes all prior and <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 />9.04 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 />Section 00530-7 <br />
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