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9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are <br /> involved in 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 <br /> lawsuit brought by either party against the other party or otherwise arising out of this <br /> agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction , <br /> in the United States District Court for the Southern District of Florida. <br /> 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its <br /> agents, engineers , employees , elected officers and representatives, from liabilities, <br /> damages , losses , and costs , including but not limited to , reasonable attorney's fees, to <br /> the extent caused by the negligence, recklessness or intentional wrongful misconduct of <br /> the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the <br /> performance of the work under this Agreement. This indemnification and hold harmless <br /> provision shall survive the termination or expiration of this Agreement. The <br /> 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 <br /> any form of indebtedness . The CONTRACTOR further warrants and represents that it <br /> has no obligation of indebtedness that would impair its ability to fulfill the terms of this <br /> Agreement . <br /> 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all <br /> such 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 <br /> of Chapter 119, Florida Statutes (Public Records Law) in connection with this <br /> Agreement. <br /> (Remainder of this page intentionally left blank) <br /> 00530-7 <br /> F :\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction PermitsURC - SR 60 66th Ave. to 82nd Ave. Utility Conflict <br /> Resolutions UCP#3026\A1 - 00530 COMPLETED Agreement between Owner Contractor Rev 061807 .doc <br />