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Permits and Licenses : INDIAN RIVER COUNTY as OWNER shall procure all permits, pay all charges and fees and give all notice necessary and incidental to the performance of the work. The COUNTY will obtain site plan approval and will pay all impact fees. Contractor shall procure all licenses and obtain the Indian River County building permit at actual cost. Fiscal Non-Funding: In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence, and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. ' Liens : This project is a "Public Works" under Chapter 255 , Florida Statutes. No liens may be filed against the OWNER. Pursuant to Florida Statues Section 255 . 05( I )(a)(2006), any claimant may apply to the OWNER for a copy of this Contract and the associated payment and performance bonds. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to the time and notice provisions as specified in Florida Statutes Section 255 .05 (2). Before the final acceptance of the work and payment by the OWNER, the CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath, that all claims for labor and materials employed or used in the construction of said work have been settled and no legal claim can be filed against the OWNER for such labor and materials. If such evidence is not furnished to ' the OWNER, such amounts as maybe necessary to meet the unsatisfied claims maybe retained from moneys due to the CONTRACTOR under this contract until the liability shall be fully discharged. 2. DEFECTIVE WORK AND MATERIALS. All materials furnished or work done, when not in accordance with the intent of these Specifications, shall be rejected and shall be removed immediately and replaced by suitable and satisfactory work and materials. Failure to reject any defective work or materials will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and materials have been previously inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance . If the CONTRACTOR fails to remove any defective work or materials, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price. Damage to the Work: Until final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the work by the action of the elements, or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense, damages to any portion of the work before its completion and acceptance. Final Cleanup : Before the work is considered complete, all rubbish and unused material due to, or connected with, the work must be removed and the premises left in a condition satisfactory to the OWNER. All property, public or private, disturbed or damaged, during the execution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. Page 10 of 40