2008-249A - Laserfiche WebLink

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09/04/20UB lb:Z4 b41-I/b-b31d IMU UI1Ll I lczn .+ Commissioners. Promptly upon County's receipt of such funds, the County shall deposit the check and make payment under the pay requests to Dernco and the purchase order to the material suppliers. The County shall provide copies of the County checks and disbursements to Derrico and the material suppliers. S. The Owner acknowledges that the County is affording economies of scale to Owner by structuring the required water facility construction as set forth herein and, therefore, Owner acknowledges the obligation to promptly review and pay all such pay requests, pre -paid application fee, and invoices. 6. The Owner acknowledges and agrees that it has the present ability to obtain a loan to provide payment of all of the amounts set forth in this Agreement. 7, Merger: Modification, This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parges agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document. Accordingly, It is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Owner and the County. 9. G venin w' Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. lo. Severabili . If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11. Availability of Funds. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 12. No Pledge of Credit. The Owner shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 2