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<br />18181 ACTIVE PARK <br /> <br />APRIL 10, 2005 <br /> <br />There are no Contract Documents other than those listed above in this Article 13. The Contract <br />Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the <br />General Conditions. <br /> <br />Article 9. MISCELLANEOUS. <br /> <br />9.1. Terms used in this Agreement which are defined in Article 1 of the General <br />Conditions will have the meanings indicated in the General Conditions. <br /> <br />9.2. No assignment by a party hereto of any rights under or interests in the Contract <br />Documents will be binding on another party thereto without the written consent of <br />the party sought to be bound; and, specifically but without limitation, moneys that <br />may become due and moneys that are due may not be assigned without such <br />consent (except to the extent that the effect of this restriction may be limited by <br />law), and unless specifically stated to the contrary in any written consent to an <br />assignment no assignment will release or discharge the assignor from any duty or <br />responsibility under the Contract Documents. <br /> <br />9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and <br />legal representatives to the other party hereto, its partners, successors, assigns and <br />legal representatives in respect to all covenants, agreements and obligations <br />contained in the Contract Documents. <br /> <br />9.4. Any provisions or part of the Contract Documents held to be void or unenforceable <br />under any Law or Regulation shall be deemed stricken, and all remaining provisions <br />shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree <br />that the Contract Documents shall be reformed to replace such stricken provisions or <br />part thereof with a valid and enforceable provision that comes as close as possible to <br />expressing the intention of the stricken provision. <br /> <br />9.5. OTHER PROVISIONS. <br /> <br />9.5.1. DRAWINGS <br /> <br />181 ST DRIVE ACTIVE PARK, <br />18115 NORTH BAY ROAD <br />BID NO. 05-04-01 <br />(ML Project No. 114122) <br /> <br />DESCRIPTION <br /> <br />SHEET NO. <br /> <br />NOTE: REFER TO INDEX OF DRAWINGS INX-1 <br /> <br />9.5.2. In accordance with the indemnification provision contained in the General Conditions, <br />the CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, <br />AND MILLER LEGG and their agents and employees, from or on account of any injuries or <br />damages received or sustained by any person or person during or on account of any operations <br />connected with the construction of all Work; or by or in consequence of any negligence in <br />connection with the same; or by use of any improper materials or by or on account of any act <br />or omission of the said Contractor, subcontractor, agents, servants, or employees; and <br /> <br />9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the <br />construction, public liability insurance, by separate certificate, in an amount not less than <br />$1,000,000 for injuries, including willful death, to anyone person and subject to those same <br />limits for each person, in an amount not less that $1,000,000 for damages as a result of each <br /> <br />EJCDC STANDARD FORM OF AGREEMENT <br /> <br />00500-5 <br />