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City of'Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />1.3 Entire Agreement <br />1.3.1 'This Contract, together with the Contract Documents and Contractor's bond <br />for the Project, constitute the entire and exclusive agreement between the City and the <br />Contractor with reference to the Project. Specifically, but without limitation, this <br />Contract supersedes all prior written or oral communications, representations, and <br />negotiations, if any, between the City and the Contractor. <br />1.4 No Privity with Others <br />1.4.1 Nothing contained In this Contract shall create or be interpreted to create privity <br />or any other contractual agreement between the City and any person or entity other than <br />the Contractor. <br />1.5 Intent and Interpretation <br />1.5.I The intent of this Contract is to require complete, correct, and timely execution <br />of the Work. Any Work that may be required, implied, or inferred by the Contract <br />Documents, or any one or more of them, as necessary to produce the intended result shall <br />be provided by the Contractor for the Contract Price. <br />1.5.2 This Contract is intended to be an integral whole and shall be interpreted <br />as internally consistent. What is required by any one Contract Document shall be <br />considered as required by the Contract. <br />1.5.3 When a word, term, or phrase is used in this Contract, it shall be interpreted <br />or construed, first, as defined herein; second, if not defined, according to its generally <br />accepted meaning in the construction industry; and third, if there is no generally accepted <br />meaning in the construction industry, according to its common and customary usage. <br />1.5.4 The words "include," "includes," or "including," as used in this Contract, shall <br />be deemed to be followed by the phrase, "without limitation." <br />1.5.5 The word "allowance" as used in this Contract shall mean the amount budgeted <br />for an itern and shall not be interpreted or construed as an agreement by the City to pay the <br />budgeted amount. Any amounts to be paid for those items identified as an allowance shall <br />only be issued with the prior written approval of the City. It is further understood by the <br />Contractor that the allowance is inclusive of overhead. <br />1.5.6 The specification herein of any act, failure, refusal, omission, event, occurrence, or <br />condition as constituting a material breach of this Contract shall not imply that any other, <br />non -specified act, failure, refusal, omission, event, occurrence, or condition shall be <br />deemed not to constitute a material breach of this Contract. <br />1.5.7 Words or terms used as nouns in this Contract shall be inclusive of their singular <br />and plural forms, unless the context of their usage clearly requires a contrary meaning. <br />AUM CONSTRUCTION, INC. 2 <br />