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F !
<br /> Contractor agrees that it will not invoice Owner or Manager or expect payment of any moneys,
<br /> which exceed this Agreement: Any services which Owner or Manager request that fall outside the
<br /> attached Ezhibit"A" may only be autharized in writing by an authorized representative of Owner
<br /> or Manager in advance and prior to the completion of any such extra work.
<br /> 4. RELATIONSAIP OF THE PARTIES. It.is understood and agreed that the relationship
<br /> between Owner and Contractor is that of independent.contractor and neither Contractor nor
<br /> anyone employed by or otherwise retained by Contractor shall be deemed for any purpose to be
<br /> the employee, agent,.servant or representative of Owner. All personnel furnished by Gontractor
<br /> will be.deemed employees of Contractor and will not for. any purpose-be considered employees or
<br />� agents of Owner or Manager. Contractor agrees to take all direction relating to this Agreement
<br /> from Manager.
<br /> 5. COMPLIANCE WITH STAT,UTES.; .ORDINANCES AND � REGULATTONS. In
<br /> performing the Services required under this Agreement, Contractor shall comply with all
<br /> applicable federal, state, county, and municipal statutes, ordinances and regulations, including
<br /> without limitation, any licensing, bonding, and permit requirements. If such compiiance is
<br /> impossible for reasons beyond its control, Contractor shall-immediately'notify Manager of that
<br /> fact and the reasons therefar, and Manager shall have tlie right�ta immediately terminate this
<br /> Agreement or take such other action as Owner may deem necessary or desirable.
<br /> 6. LIENS. Contractor shall, for,itself,.and on behalf of all subcontractors, suppliers,materialmen
<br /> and others claiming by, through or under Contractor, keep the premises described herein free and
<br /> clear from all liens of any kind and shall defend, indemnify and save Owner and Manager
<br /> harmless against all costs, expenses, loss of use and damage resulting from the filing of liens,
<br /> including Owner's and Manager's attorneys fees. Upon the attachment of any lien or liens to the
<br /> Premises, Contractor agrees, within ten (10) days after receipt of notice from Owner regarding
<br /> such lien or liens, to pay, discharge or transfer the lien to cash, bond or other security in ,
<br /> accordance with Florida law, so that no lien affects or encumbers the Premises. In the event that
<br /> Contractor. fails to take timely action as.required by the previous sentence, Owner or Manager
<br /> shall have the right,at their sole option,to pay, discharge or transfer,.the lien to cash, bond or other
<br /> security in accordance with Florida law and to offset the cost of same,together with interest, costs
<br /> and attorneys fees incurred, against any sums owed to Coritractor under,this Agreement, with any
<br /> sums remaining unpaid after such offset being due and payable from Contractor within ten (10)
<br /> days after receipt of an invoice:from Owner or Manager.
<br /> 7. SUSPECT / COUNTERFEIT.ITEMS. Notwithstanding other warranty pro�isions of this
<br /> Contract, Contractor expressly warrants that all items provided under this contract are suitable for
<br /> the intended or specified use and that no suspect or suspect counterfeit items, parts,;or materials
<br /> have been furnished or delivered to Manager under this Contract..Materials furnished and used to
<br /> '�comply with this Contract shall be free of hazardous, defective, or inferior materials according to
<br /> applicable federal; state, and local governmental regulations. If suspect/counterfeit materials are
<br /> furnished under this Contract, such materials will be removed by the Contractor as directed by the
<br /> Manager. Contractor shall promptly replace such materials with those acceptable to the Manager,
<br /> Standazd Vendor Contract rev January 2009
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