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2007-235
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2007-235
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Last modified
5/31/2016 1:38:31 PM
Creation date
9/30/2015 10:59:04 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/24/2007
Control Number
2007-235
Agenda Item Number
7.T.
Entity Name
SPS Contracting, Inc.
Subject
Agreement construct sewage force main
Area
CR 510 west pf SR A1 A
Supplemental fields
SmeadsoftID
6408
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8.9 CONTRACTOR'S Bid (Section 00300) . <br /> 8. 10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, <br /> October 2006" . or the latest version thereof. <br /> 8 . 11 The following , which may be delivered or issued after the effective date of the Agreement <br /> and are not attached hereto: All written amendments and other documents amending, <br /> modifying , or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the <br /> 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 3.04 of <br /> the 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 <br /> dispose of the contract or its right, title, or interest in or to the same or any part thereof, or <br /> allow legal action to be brought in its name for the benefit of others, without previous <br /> consent of the OWNER and concurred to by the sureties . Any attempted assignment shall <br /> be void and may, at the option of the OWNER be deemed an event of default hereunder. <br /> Nothing herein shall be construed as creating any personal liability on the part of any <br /> officer or agent of the OWNER 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 <br /> lawsuit brought by either party against the other party or otherwise arising out of this <br /> agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction , <br /> in the United States 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 , <br /> damages , losses , and costs, including but not limited to , reasonable attorney's fees, to <br /> the extent caused by the negligence, recklessness or intentional wrongful misconduct of <br /> the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the <br /> performance of the work under this Agreement . This indemnification and hold harmless <br /> provision shall survive the termination or expiration of this Agreement. The <br /> indemnification is limited to $5 million per occurrence. <br /> 00530-6 <br /> HTrojects\06490dding Contract Specifications\Spec Template12007t00530V+greement between Owner Contractor Rev. <br /> 012507.doc <br />
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