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Thle OWNER shall pay the ENGINEER monthly progress payments for all work included and completed <br /> in accordance with this contract . The ENGINEER shall provide a description of work completed with <br /> each pay request. Reimbursable expenses (actual cost) may be billed with each pay request . <br /> Article 5 . ACCEPTANCE AND FINAL PAYMENT <br /> When the work provided for under this contract has been completed, in accordance with the terms thereof, <br /> the final payment request shall be accompanied by a Certificate of Acceptance issued by the <br /> Superintendent of Buildings and Grounds , stating that the work has been completed to his satisfaction, in <br /> compliance with the Contract. <br /> In accordance with the Florida Prompt Payment Act, after receipt of the Superintendent of Buildings and <br /> Grounds final acceptance by the OWNER, the OWNER shall make payment to the ENGINEER in the full <br /> amount. PAYMENT of the lump sum amount and acceptance of such payment by the ENGINEER shall <br /> release the OWNER from all claims or liabilities to the ENGINEER in connection with this Contract . <br /> Article 6 . THE CONTRACT DOCUMENTS <br /> In addition to this agreement the following shall be considered as if attached : <br /> RFQ #5022 and all documents submitted with said RFQ . <br /> Article 7 . ENTIRE CONTRACT <br /> This agreement and all documents incorporated by reference embodies the entire Agreement and <br /> understanding between the parties hereto , and there are no other Agreements and understandings, oral or <br /> written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No <br /> alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing <br /> and signed by both parties . <br /> Article 8 . VENUE <br /> This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by <br /> either party against the other party or otherwise arising out of this agreement shall be in Indian River <br /> county, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern <br /> District of Florida. <br /> Article 9 . INDEMNIFICATION <br /> ENGINEER hereby agrees to indemnify, and hold harmless , the COUNTY, and the COUNTY ' S officers, <br /> employees and agents , from and against any and all claims from liabilities , damages , losses , costs, third <br /> party claims, judgements , and expense to persons or property, including reasonable attorneys fees, to the <br /> extent caused by the negligence, recklessness , or intentionally wrongful conduct of ENGINEER, or of <br /> ENGINEER'S officers , employees, or agents , and ENGINEER shall indemnify the COUNTY against any <br /> such claims and any such judgement that may be entered in connection therewith, including reasonable <br /> attorney' s fees . <br />