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2009-039
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2009-039
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Last modified
3/2/2016 12:20:53 PM
Creation date
10/1/2015 3:16:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/10/2009
Control Number
2009-039
Agenda Item Number
8.I.
Entity Name
H & D Construction Co.
Subject
SR 60 Utility Improvements
Area
82nd Ave. to I-95
Bid Number
2009027
Supplemental fields
SmeadsoftID
10453
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9 . 3 OWNER and CONTRACTOR each binds itself, its partners , successors , assigns and legal <br /> representatives to the other party hereto , its partners , successors , assigns and legal <br /> representatives in respect of all covenants , agreements and obligations contained in the <br /> Contract Documents . <br /> 9A 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- 6 <br />
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