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2008-410
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2008-410
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Last modified
4/20/2016 2:22:01 PM
Creation date
10/1/2015 1:10:40 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
12/09/2008
Control Number
2008-410
Agenda Item Number
12.I.1
Entity Name
School Board of Indian River County
Subject
Improvements Construction Middle School
Area
57th St., 66th. Ave, and 58th Ave.
Supplemental fields
SmeadsoftID
8206
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6. Miscellaneous <br /> a. Litieation : In the event any legal proceedings are required to enforce the terms of <br /> this Agreement, the prevailing party shall be entitled to reasonable attorney fees at both <br /> trial and appellate levels , together with all costs of said proceedings . <br /> b . Amendment : No amendment, modification, change , or alteration of this Agreement <br /> shall be valid or binding unless accomplished in writing and executed by all of the parties <br /> hereto . <br /> c . Binding Effect: This Agreement shall be binding upon and inure to the benefit of <br /> the parties hereto, and their successors and assigns . <br /> d. Severability, Construction and Interpretation . In the event that any section, <br /> subsection, sentence, clause or word of this Agreement shall be held by a court of <br /> competent jurisdiction to be partially or wholly invalid or unenforceable for any reason <br /> whatsoever, any such invalidity, illegality or unenforceability shall not affect any of the <br /> other remaining Articles, sections, subsections, sentences, clauses or words of this <br /> Agreement, and this Agreement shall be read and/or applied as if the invalid , illegal or <br /> unenforceable section, subsection, sentence, clause or word did not exist . This <br /> Agreement was mutually negotiated by all parties who have executed the same . <br /> Consequently, it is the intent of the parties that no provision shall be more harshly <br /> construed against either party as the drafter hereof. <br /> d . Governine Law : This Agreement and all matters arising hereunder shall be <br /> governed by and construed in accordance with the laws of the State of Florida. Venue <br /> hereunder shall lie in Indian River County, Florida. <br /> e. Property Insurance/Risk Management At the time of conveyance of any <br /> properties under this agreement, the receiving party shall be responsible for securing <br /> insurance coverage on the facility and grounds . <br /> f. Assignment. This Agreement and any interest herein shall not be assigned, <br /> transferred or otherwise encumbered by the SCHOOL BOARD or COUNTY under any <br /> circumstances without the prior written consent of the other party. <br /> g . Jurisdiction. This agreement is governed by and construed in accordance with the <br /> laws of the State of Florida. <br /> 4 <br />
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