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ARTICLE 9 MISCELLANEOUS <br /> 9. 1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the <br /> meanings indicated in the General Conditions. <br /> 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the <br /> contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be <br /> brought in its name for the benefit of others, without previous consent of the OWNER and concurred <br /> to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be <br /> deemed an event of default hereunder. Nothing herein shall be construed as creating any personal <br /> liability on the part of any 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 representatives in <br /> respect of all covenants, agreements and obligations contained in the Contract Documents. <br /> 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in <br /> 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 lawsuit brought <br /> by either party against the other party or otherwise arising out of this agreement shall be in Indian <br /> River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for <br /> the Southern District of Florida. <br /> 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, <br /> engineers, employees, elected officers and representatives, from liabilities, damages, losses, and <br /> costs, including but not limited to, reasonable attorney's fees, to the extent caused by the <br /> negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and any <br /> persons employed or utilized by the CONTRACTOR in the performance of the work under this <br /> Agreement. This indemnification and hold harmless provision shall survive the termination or <br /> expiration of this Agreement. The indemnification is limited to $5 million per occurrence. <br /> 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER' S credit or make it a <br /> guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form <br /> of indebtedness . The CONTRACTOR further warrants and represents that it has no obligation of <br /> indebtedness that would impair its ability to fulfill the terms of this Agreement. <br /> 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such <br /> counterparts, when duly executed, shall constitute one and the same Agreement. <br /> 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of <br /> Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. <br /> (Remainder of This Page Intentionally Left Blank) <br /> FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement <br /> 00530 - 5 <br />