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constitute or be construed as a waiver by the DEPARTMENT of any breach of <br /> covenant or any default which may then exist, on the part of the COUNTY, and the <br /> making of such payment by the DEPARTMENT while any such breach or default <br /> exists shall in no way impair or prejudice any right or remedy available to the <br /> DEPARTMENT with respect to such breach or default. <br /> D) This document incorporates and includes all prior negotiations, correspondence, <br /> conversations, agreements, or understandings applicable to the matters contained herein. <br /> The parties agree that all commitments, agreements, or understandings concerning the <br /> subject matter of this Agreement are contained in this document. Accordingly, it is <br /> agreed that no deviation from the terms hereof shall be predicated upon any prior <br /> representation or agreements whether oral or written. It is further agreed that no <br /> modification, amendment, or alteration in the terms or conditions contained herein shall <br /> be effective unless contained in a written document executed by the COUNTY and the <br /> DEPARTMENT . <br /> E) If any part of this Agreement shall be determined to be invalid or unenforceable by a <br /> court of competent jurisdiction or by any other legally constituted body having the <br /> jurisdiction to make such determination, the remainder of this Agreement shall remain <br /> in full force and effect provided that the part of this Agreement thus invalidated or <br /> declared unenforceable is not material to the intended operation of this Agreement. <br /> F) This Agreement shall be governed by and construed in accordance with the laws of the <br /> State of Florida. Venue of any judicial proceedings arising out of this Agreement shall <br /> be in Broward County, Florida. <br /> G) This Agreement shall be effective upon execution by both parties and shall continue in <br /> effect and be binding on the parties until the PROJECT is completed and accepted and <br /> payment made by the DEPARTMENT or terminated in accordance with Paragraph 8 <br /> TERMINATION AND DEFAULT . <br /> H) An entity or affiliate which has been placed on the discriminatory vendor list may not <br /> submit a bid on a contract to provide any goods or services to a public entity, may not <br /> submit a bid on a contract with a public entity for the construction or repair of a public <br /> building or public work, may not submit bids on leases of real property to a public <br /> entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or <br /> consultant under a contract with any public entity, and may not transact business with <br /> any public entity. <br /> I) A person or affiliate who has been placed on the convicted vendor list following a <br /> conviction for a public entity crime may not submit a bid on a contract to provide any <br /> goods or services to a public entity, may not submit a bid on a contract with a public <br /> entity for the construction or repair of a public building or public work, may not submit <br /> bids on leases of real property to a public entity, may not be awarded or perform work <br /> as a contractor, supplier, subcontractor, or consultant under a contract with any public <br /> entity and may not transact business with any public entity in excess of the threshold <br /> amount provided in Section 287.017, Florida Statutes, for Category Two for a period of <br /> 36 months from the date of being placed on the convicted vendor list. <br /> 11 <br />