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2006-389
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2006-389
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Last modified
9/1/2016 3:02:55 PM
Creation date
9/30/2015 10:17:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Migration
Approved Date
11/07/2006
Control Number
2006-389
Agenda Item Number
14.A.3.
Entity Name
Barth Construction, Inc.
Subject
Fire Station #2 - Part II Agreement
Supplemental fields
SmeadsoftID
5948
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§ 10.5 The wvwrd rendered by the aFbitraw-or aFbitratnrs shall be final , and judgment <br /> Fnay be entered upon it on aGGGFrIanGe with appliGable law on any GGUFt-ha� <br /> jurisdiGtion 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 , i��� <br /> lesated . <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 construction 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, the Design/Builder shall assert such claims as <br /> provided in Section 11 .4 . <br /> § 11 .3.2 The Design/Builder shall afford the Owner's 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 by the 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 /> § 11 .5 INDEMNIFICATION <br /> § 11 .5. 1 To the fullest extent permitted by law, the Design/Builder shall indemnify and <br /> hold harmless the Owner, Owner's consultants, and agents and employees of any of <br /> them from and against claims, damages, losses and expenses, including but not limited <br /> 19 <br />
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