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B ) The DEPARTMENT shall not be obligated or liable hereunder to any party other than <br /> the COUNTY . <br /> C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY <br /> 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 <br /> herein . The parties agree that all commitments , agreements , or understandings <br /> concerning the subject matter of this Agreement are contained in this document . <br /> Accordingly , it is agreed that no deviation from the terms hereof shall be predicated <br /> upon any prior representation or agreements whether oral or written . It is further <br /> agreed that no modification , amendment, or alteration in the terms or conditions <br /> contained herein shall be effective unless contained in a written document executed by <br /> the COUNTY and the 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 with respect to judicial proceedings arising out of this <br /> Agreement shall be in Broward County , Florida. <br /> G) 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 /> H) 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 pub ] is 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 <br /> of 36 months from the date of being placed on the convicted vendor list . <br /> Page 11 of 13 <br />