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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 />