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2006-167
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2006-167
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Last modified
8/3/2016 5:01:24 PM
Creation date
9/30/2015 9:43:02 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/16/2006
Control Number
2006-167
Agenda Item Number
14.A.2.
Entity Name
Donadio & Associates
Subject
Part II Agreement Review-IRC Fire Station No. 4
Project Number
#5018.001.4.1.2
Supplemental fields
SmeadsoftID
5636
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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. place where the or, eGt is <br />located. <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 />ILI <br />
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