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1 <br />e <br />fl <br />9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions <br />will have the meanings indicated in the General Conditions. <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 the <br />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 <br />(except to the extent that the effect of this restriction may be limited by law), and <br />unless specifically stated to the contrary in any written consent to an assignment no <br />assignment will release or discharge the assignor from any duty or responsibility under <br />the Contract 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 <br />legal representatives in respect to all covenants, agreements and obligations contained <br />in the Contract Documents. <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 />9.5. OTHER PROVISIONS. <br />9.5.1. DRAWINGS <br />DESCRIPTION SHEET NO. <br />See Document 0004 <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 their agents and employees, from or on account of any injuries or damages received or <br />sustained by any person or person during or on account of any operations connected with the <br />construction of all Work; or by or in consequence of any negligence in connection with the <br />same; or by use of any improper materials or by or on account of any act or omission of the <br />said Contractor, subcontractor, 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 <br />$1,000,000 for injuries, including willful death, to any one 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 />occurrence and property damage insurance and in an amount not less than $1,000,000 for <br />damages on any one occurrence. Such policy shall specifically protect the CITY OF SUNNY <br />ISLES BEACH, AND their agents and employees, by making them an additional insured, and <br />shall not be modified or canceled without thirty (30) days written notice to the CITY OF SUNNY <br />ISLES BEACH. <br />' 9.5.4 Should the final completion and acceptance of the work herein embraced together <br />with any modification or additions be delayed beyond the time herein set because of lace of <br />performance by the Contract, it is understood and agreed that aside from any other liquidated <br />damage per day for such delay from such time until the work is completed and accepted as <br />' herein provided, all costs of engineering and inspection on behalf of the Owner will be charged <br />to the contractor and deducted from any estimate or payment otherwise due and payable to him <br />December 2006 00500 -5 06 -5723 <br />