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(08-06-01) Atlantic Isle Roadway and Utility Improvements
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3/21/2013 5:26:14 PM
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3/21/2013 5:25:32 PM
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CityClerk-Special Master Hrg.
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i <br /> 1 party sought to be bound; and, specifically but without limitation, moneys that may <br /> become due and moneys that are due may not be assigned without such consent (except <br /> to the extent that the effect of this restriction may be limited by law), and unless <br /> specifically stated to the contrary in any written consent to an assignment no assignment <br /> will release or discharge the assignor from any duty or responsibility under the Contract <br /> Documents. <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 legal <br /> representatives in respect to all covenants, agreements and obligations contained in the <br /> Contract Documents. <br /> 9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under <br /> any Law or Regulation shall be deemed stricken, and all remaining provisions shall <br /> continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the <br /> Contract Documents shall be reformed to replace such stricken provisions or part thereof <br /> with a valid and enforceable provision that comes as close as possible to expressing the <br /> aintention of the stricken provision. <br /> 9.5. OTHER PROVISIONS. <br /> 9.5.1. DRAWINGS <br /> DESCRIPTION SHEET NO. <br /> I <br /> II' <br /> 9.5.2. In accordance with the indemnification provision contained in the General Conditions, the <br /> CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, and <br /> their agents and employees, from or on account of any injuries or damages received or sustained <br /> by any person or person during or on account of any operations connected with the construction of <br /> all Work; or by or in consequence of any negligence in connection with the same; or by use of any <br /> improper materials or by or on account of any act or omission of the said Contractor, subcontractor, <br /> agents, servants, or employees; and <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 $1,000,000 <br /> for injuries, including willful death, to any one person and subject to those same limits for each <br /> person, in an amount not less that $1,000,000 for damages as a result of each occurrence and <br /> property damage insurance and in an amount not less than $1,000,000 for damages on any one <br /> occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND their <br /> agents and employees, by making them an additional insured, and shall not be modified or <br /> canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH. <br /> 9.5.4 Should the final completion and acceptance of the work herein embraced together with <br /> any modification or additions be delayed beyond the time herein set because of lace of performance <br /> by the Contract, it is understood and agreed that aside from any other liquidated damage per day for <br /> 1 such delay from such time until the work is completed and accepted as herein provided, all costs of <br /> engineering and inspection on behalf of the Owner will be charged to the contractor and deducted <br /> from any estimate or payment otherwise due and payable to him from time to time. The costs of <br /> engineering and inspection which may be charged to the Contractor by the Owner under this article <br /> shall be equal to the Engineer's charges to the Owner. <br /> t05/08 Final Version 00500-5 05-4893 <br />
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