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2009-228G
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2009-228G
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Services rendered , or for any act or event occurring prior to the termination , shall not be <br /> terminated or released . <br /> 8 . 2 . In the event of termination by the County , the County ' s sole obligation to the <br /> Contractor shall be payment for those portions of satisfactorily completed work under <br /> existing Work Orders issued pursuant to this Agreement , as estimated by the Contractor <br /> and agreed upon by the County up to the time of termination . In the event of such <br /> termination , the County may , without penalty or other obligation to the Contractor , elect to <br /> employ other persons to perform the same or similar services . <br /> 8 . 3 . The obligation to provide services under this Agreement may be terminated by either <br /> party upon seven ( 7 ) calendar days prior written notice in the event of: ( i ) Contractor <br /> breaches any material provision of the obligations imposed upon contractor under the <br /> CDBG Grant Agreement ; or ( ii ) substantial failure by the Contractor to perform in <br /> accordance with the terms of this Agreement through no fault of the County . <br /> 8 . 4 . . In the event of termination of this Agreement , the Contractor agrees to provide copies <br /> of any and all documents prepared by the Contractor for the County in connection with <br /> this Agreement . <br /> 9 . INDEPENDENT CONTRACTOR . It is specifically acknowledged and agreed by the <br /> parties hereto that the Contractor is and shall be , in the performance of all Services and <br /> activities under this Agreement , an independent contractor , and not an employee , agent , <br /> or servant of the County . All persons engaged in any of the Services performed pursuant <br /> to this Agreement shall at all times , and in all places , be subject to the Contractor' s sole <br /> direction , supervision , and control , The Contractor shall exercise control over the means <br /> and manner in which Contractor and its employees perform the Services , and in all <br /> respects the Contractor' s relationship and the relationship of its employees to the County <br /> shall be that of an independent contractor performing solely under the terms of the <br /> Agreement and not as employees , agents , or servants of the County . <br /> 10 . MERGER ; MODIFICATION . This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations , correspondence , conversations , agreements or <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings of any nature whatsoever concerning <br /> the subject matter hereof that are not contained in this document . Accordingly , it is agreed <br /> that no deviation from the terms hereof shall be predicated upon any prior or <br /> contemporaneous representations or agreements , whether oral or written . No alteration , <br /> change , or modification of the terms of this Agreement shall be valid unless made in <br /> writing and signed by the Contractor and the County . <br /> 11 . GOVERNING LAW; VENUE . This Agreement , including all attachments hereto , shall <br /> be construed according to the laws of the State of Florida . Venue for any lawsuit brought <br /> by either party against the other party or otherwise arising out of this Agreement shall be in <br /> Indian River County , Florida , or , in the event of federal jurisdiction , in the United States <br /> District Court for the Southern District of Florida . <br /> 12 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed <br /> cumulative and additional , and not in lieu or exclusive of each other or of any other remedy <br /> available to either party , at law or in equity . Each right , power and remedy of the parties <br /> provided in this Agreement shall be cumulative and concurrent and shall be in addition to <br /> 4 <br />
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