Commercial Construction Agreement (Page 2 of 2) in pdf

Contractor.

Captions. Any captions of the various articles, sections or paragraphs contained in this Agreement are

intended for convenience and for reference purposes only, and shall in no way define or limit the scope or

intent of this Agreement.

Conflicting Provisions. In the event of any conflict between any of the terms and provisions of this

Agreement and the Contract Documents, this Agreement shall govern.

10.

Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their

partners, heirs, personal representatives, successors and duly approved assignees.

11.

Assignment. The Contractor shall not assign this Agreement in whole or in part, or any interest therein, nor

assign any amounts due or to become due hereunder, without first obtaining the written consent of Owner.

12.

Waiver. The waiver by Contractor of any breach or default of this Agreement by Owner shall not be

construed as a waiver of any other breach or default of the same or any other terms or conditions of this

Agreement. Forbearance from demanding strict compliance with any term or provision of this Agreement

shall not operate as a waiver and shall not prevent Contractor from subsequently demanding strict

compliance therewith.

The waiver by Owner of any breach or default of this Agreement by Contractor shall not be construed as a

waiver of any other breach or default of the same or any other terms or conditions of this Agreement.

Forbearance from demanding strict compliance with any term or provision of this Agreement shall not operate

as a waiver and shall not prevent Owner from subsequently demanding strict compliance therewith.

13.

Interest. All payments due and unpaid under this Agreement shall bear interest from the date payment was

due at the rate of

% per annum.

14.

Governing Law. This Agreement shall be governed by the law of the state of Florida.

15.

Third Party Beneficiary. Nothing contained in this Agreement shall be deemed to create any contractual or

third party beneficiary relationship between any parties other than Owner and Contractor.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers or duly

authorized representatives.

OWNER

CONTRACTOR

BY:

Name:

Title:

237468.DOC

2 of 2

KCL 2004

Commercial Construction Agreement Page 2