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AGREEMENT �1 _ This Agreement made and entered into this 4th day of September 20 07 by and between Summerl i n ' s Marine Construction , LLC hereinafter called the Contractor and Indian River County herein called the Owner. Witnessed: That whereas , the Owner and the Contractor for the consideration hereinafter named, agree as set forth below: Article 1 . Scope of Work As per specifications of advertised and seated bid in Indian River County Bid # 2007035 / Summerlin ' s Marine Construction , LLC Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of Two Hundred Fifty Six Three Hundred Fifty & zero cero6llars (S 256 , 350 . 00 ) all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents. Article 2 . Time of Completion 120 Days from receipt of the Notice to Proceed. Article 3 , General The Contractor hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The Owner and Contractor agree to maintain records, invoices, and payments for the work. The Contractor shall provide Performance and Payment Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the Owner, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the Contractor, and his decision thereon shall be final and conclusive; and such determination and decision, in case ay question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court or competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 4. Quantities and Prices The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on the items of work set forth in the Contractor' s Bid Form. Article 5 . Acceptance and Final Payment Page 49 of 57