2011-247 - Laserfiche WebLink

Home Browse Search

there are no commitments , agreements , or understandings of any nature what t concerning the subject matter of the Agreement that are not contained in this dot i it Accordingly , it is agreed that no deviation from the terms hereof shall be predl ( lit { � upon any prior or contemporaneous representations or agreements , whether I < < written . No alteration , change , or modification of the terms of this Agreement valid unless made in writing and signed by the Consultant and the COUNTY . 10 . 3 Governing La) This Agreement , including all attachments I1 { shall be construed according to the laws of the State of Florida . Venue for any 1 1 ... .: t i1 brought by either party against the other party or otherwise arising out of this Agrf � i 1' t== 1 shall be in Indian River County , Florida , or , in the event of federal jurisdiction ; 11 United States District Court for the Southern District of Florida . 10A Remedies ; No Waiver . All remedies provided in this Agreement sl E . 111 I it deemed cumulative and additional , and not in lieu or exclusive of each other or 11 other remedy available to either party , at law or in equity . Each right , pow ( ; t i remedy of the parties provided for in this Agreement shall be cumulative and coat and shall be in addition to every other right , power or remedy provided for , , ; 1111 Agreement or now or hereafter existing at law or in equity or by statute or othc 1 �,- ,; t , The failure of either party to insist upon compliance by the other party with 11if obligation , or exercise any remedy , does not waive the right to so in the ev ( iw : I ; + continuing or subsequent delinquency or default . A party ' s waver of one Oi defaults does not constitute a waver of any other delinquency or default . If (emir ; ii action or other proceeding is brought for the enforcement of this Agreement or hi r „ i of an alleged dispute , breach , default or misrepresentation in connection will , Illy provisions of this Agreement , each party shall bear its own costs . 10 . 5 Severability . If any term or provision of this Agreement or the apijhl . : 11I ) rt thereof to any person or circumstance shall , to any extent , be held ir1v , t . . i jr unenforceable for the remainder of this Agreement , then the application of such f r provision to persons or circumstances other than those as to which it is held it i o I tr unenforceable shall not be affected , and every other term and provision tri ! iw ; Agreement shall be deemed valid and enforceable to the extent permitted by law 10 . 6 Availability of Funds . The obligations of the COUNTY orris i11c > Agreement are subject to the availability of funds lawfully appropriated for its poll i Y the Board of County Commissioners of Indian River County . 10 . 7 No Pledge of Credit . The Consultant shall not pledge the Cot i1 1 I Y s credit or make it a guarantor of payment or surety for any contract , debt , cit i judgment , lien or any form of indebtedness . 10 . 8 Public Records . The Consultant shall comply with the prove , , , , i , ' . < �f Chapter 119 , Florida Statutes ( Public Records Law ) in connection with this Agri # i , 1i 111 11 Services UCP #2 20\Continuing Contract 1Constructioncts - Utility act 2011 \Consu tantAgreements\CDM Contract Agreement R vot tdoc' ng C, ; ,