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2007-043
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2007-043
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Last modified
5/3/2016 2:19:48 PM
Creation date
9/30/2015 10:34:17 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/06/2007
Control Number
2007-043
Agenda Item Number
11.J.3
Entity Name
SPS Contracting, Inc.of Vero Beach
Subject
Force main for waste water transmission
Area
82nd Ave. and 8th St. to9 58th Ave. and 5th St. SW
Project Number
UCP-2628
Bid Number
2007028
Supplemental fields
SmeadsoftID
6111
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NNW <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 Paragraph 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 <br /> Conditions will have the meanings indicated in the General Conditions. <br /> 9.2 No assignment by a party hereto of any rights under or interests in the Contract <br /> Documents will be binding on another party hereto without the written consent of <br /> the party sought to be bound . <br /> 9.3 OWNER and CONTRACTOR each binds itself, its partners , successors, assigns <br /> and legal representatives to the other party hereto, its partners, successors, <br /> assigns and legal representatives in respect of all covenants, agreements and <br /> obligations contained in the Contract Documents. <br /> 9.4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS <br /> TRADE OR TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS <br /> AGREEMENT AND THE WORK THEREUNDER . <br /> 9.5 This agreement shall be governed by the laws of the State of Florida. Venue for <br /> any lawsuit brought by either party against the other party or otherwise arising out <br /> of this agreement shall be in Indian River County, Florida, or, in the event of <br /> federal jurisdiction, in the United States District Court for the Southern District of <br /> Florida . <br /> 9. 6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with <br /> its agents, employees, elected officers and representatives, from liabilities, <br /> damages, losses , and costs, including but not limited to, reasonable attorney's <br /> fees, to the extent caused by the negligence , recklessness or intentional wrongful <br /> misconduct of the CONTRACTOR and persons employed or utilized by the <br /> CONTRACTOR in the performance of the work under this Agreement. This <br /> indemnification and hold harmless provision shall survive the termination or <br /> expiration of this Agreement. <br /> 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or <br /> make it a guarantor of payment or surety for any Agreement, debt, obligation, <br /> judgment, lien or any form of indebtedness. The CONTRACTOR further warrants <br /> and represents that it has no obligation or indebtedness that would impair its ability <br /> to fulfill the terms of this Agreement. <br /> 9. 8 Counterparts. This Agreement may be executed in one or more counterparts, but <br /> all such counterparts, when duly executed , shall constitute one and the same <br /> Agreement. <br /> 9. 9 Public Records . The OWNER and the CONTRACTOR shall comply with the <br /> provisions of Chapter 119, Florida Statutes (Public Records Law) in connection <br /> with this Agreement. <br /> 044572015 <br /> 00530-6 <br />
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