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2005-255
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2005-255
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Last modified
7/29/2016 10:18:38 AM
Creation date
9/30/2015 8:59:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/19/2005
Control Number
2005-255
Agenda Item Number
14.A.4
Entity Name
Barth Construction
Subject
Renovation Emergency Services Fire Station No.6
Area
Fire Station #6
Supplemental fields
SmeadsoftID
5096
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thereofjurisdietien <br /> § 10 . 5 The award FendeFed by the aFbitr-atOF er arbitraters shall be final , and jutment. <br /> may be enteFed upon Ot * n aeeer-danee with applieable law on any eourt having <br /> jWisdietien thereof <br /> ARTICLE 11 MISCELLANEOUS PROVISIONS <br /> § 11 . 1 Unless otherwise provided , this Part 2 Agreement shall be governed by the laws <br /> of the State of Florida . Venue for any lawsuit brought by any party arising from this <br /> agreement shall be in Indian River County , Florida , or in the event of federal jurisdiction , <br /> the US District Court for the Southern District of Florida . <br /> teeeted <br /> § 11 . 2 SUBCONTRACTS <br /> § 11 . 2 . 1 The Design/Builder, as soon as practicable after execution of this Part 2 <br /> Agreement , shall furnish to the Owner in writing the names of the persons or entities the <br /> Design/Builder will engage as contractors for the Project . <br /> § 11 . 3 WORK BY OWNER OR OWNER' S CONTRACTORS <br /> § 11 . 3 . 1 The Owner reserves the right to perform construction or operations related to <br /> the Project with the Owner' s own forces , and to award separate contracts in connection <br /> with other portions of the Project or other ccnstruction or operations on the site under <br /> conditions of insurance and waiver of subrogation identical to the provisions of this Part <br /> 2 Agreement . If the Design/Builder claims that delay or additional cost is involved <br /> because of such action by the Owner, fie Design/ Builder shall assert such claims as <br /> provided in Section 11 . 4 . <br /> § 11 . 3 . 2 The Design/Builder shall afford the Owners separate contractors reasonable <br /> opportunity for introduction and storage of their materials and equipment and <br /> performance of their activities and shall connect and coordinate the Design /Builder' s <br /> construction and operations with theirs as required by the Contract Documents . <br /> § 11 . 3 . 3 Costs caused by delays or by improperly timed activities or defective <br /> construction shall be borne bythe party responsible therefor. <br /> § 11 . 4 CLAIMS FOR DAMAGES <br /> § 11 .4 . 1 If either party to this Part 2 Agreement suffers injury or damage to person or <br /> property because of an act or omission of the other party , of any of the other party's <br /> employees or agents , or of others for whose acts such party is legally liable , written <br /> notice of such injury or damage , whether or not insured , shall be given to the other party <br /> within a reasonable time not exceeding 21 days after first observance . The notice shall <br /> provide sufficient detail to enable the other party to investigate the matter. If a claim of <br /> additional cost or time related to this claim is to be asserted , it shall be filed in writing . <br /> 19 <br />
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