2013-149 - Laserfiche WebLink

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20 . ACCESS TO RECORDS: a. The DEPARTMENT may perform on-site reviews to independently validate any information or reports submitted to the DEPARTMENT. The RECIPIENT shall allow the DEPARTMENT's Agreement Manager and other DEPARTMENT-authorized personnel access to any information and any other documents requested by the DEPARTMENT for purposes of monitoring the RECIPIENT' s performance . b . The RECIPIENT shall, subject to the provisions of Chapter 119 , Florida Statutes , and other relevant laws , permit public access to all documents or other materials prepared, developed or received by it in connection with the performance of its obligations or the exercise of its rights under this Agreement. This Agreement may be terminated by the DEPARTMENT if the RECIPIENT fails to allow such public access . 21. GOVERNING LAW: This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida . Any litigation arising under this Agreement shall be brought in the appropriate court in Leon County, Florida, applying Florida Law. 22. STRICT COMPLIANCE : The RECIPIENT agrees that all acts to be performed by it in connection with this Agreement must be performed in strict conformity with all local, state and federal laws and regulations . 23 . BREACHES AND REMEDIES: a. In the event that the RECIPIENT fails to comply with any of the terms of this Agreement, the DEPARTMENT may exercise any remedies available at law or in equity, including, without limitation the right to (i) withhold and/ or reduce funding to the RECIPIENT, and (ii) terminate this Agreement in accordance with the terms hereof. b . In the event that the Department determines that a material default by Recipient of the performance of a duty, obligation, covenant, or agreement imposed on it or made by it in this Agreement or by law has occurred, the Department will provide notice and an opportunity to cure . Unless the notice states otherwise , based upon the Department' s determination that the default must be cured immediately, the notice shall provide fifteen ( 15) calendar days following the date of notice within which to initiate action to correct the default and thirty (30) calendar days following the date of notice of default to either cure the default or demonstrate to the Department' s satisfaction that corrective action is being taken that will likely result in curing the default within a period of time that the Department agrees is reasonable . In the event that the Recipient fails to cure the default within the timeframe established above, the Department may exercise any remedy available to it under the law or in equity, including, without limitation the right to terminate this Agreement immediately upon notice to the Recipient. Page 8 of 21