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2011-227
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2011-227
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Last modified
2/18/2016 10:24:00 AM
Creation date
10/1/2015 3:00:02 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/01/2011
Control Number
2011-227
Agenda Item Number
12.A.1
Entity Name
Girard Equipment Inc.
Subject
Local Jobs Grant
Alternate Name
Girard Industries, Inc.
Supplemental fields
SmeadsoftID
10312
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AJ 41 <br /> omission of COMPANY , its agents , servants , or employees in the performance of <br /> services under this Agreement . <br /> 10 . Forum ; Venue . This Agreement shall be governed by the laws of the State of <br /> Florida . Any and all legal action necessary to enforce the Agreement will be held in <br /> Indian River County or the Federal District Court for the Southern District of <br /> Florida. No remedy herein conferred upon any party is intended to be exclusive of <br /> any other remedy , and each and every such remedy shall be cumulative and shall be <br /> in addition to every other remedy given hereunder or now or hereafter existing by <br /> law or in equity or by statute or otherwise . No single or partial exercise by any party <br /> of any right, power, or remedy hereunder shall preclude any other or further exercise <br /> thereof. Parties hereby waive their right for a jury trial . <br /> Ht Lobbyist Certification . COMPANY warrants that it has not employed or retained <br /> any company or person , other than a bona fide employee working solely for <br /> COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to <br /> pay any person , company , corporation , individual , or firm , other than a bona fide <br /> employee working solely for COMPANY , any fee , commission , percentage, gift , or <br /> any other consideration contingent upon or resulting from the award or making of <br /> this Agreement . <br /> 12 . No Discrimination Certification . COMPANY warrants and represents that all of its <br /> employees are treated equally during employment without regard to race, color, <br /> religion , disability , sex, age , national origin , ancestry , marital status , or sexual <br /> orientation . <br /> 13 . Attorneys Fees . If any legal action or other proceeding is brought for the <br /> enforcement of this Agreement, or because of an alleged dispute , breach , default or <br /> misrepresentation in connection with any provisions of this Agreement, each party <br /> shall bear its own costs . <br /> 14 . Enforceability . If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstances , shall to any extent be held invalid or unenforceable , <br /> the remainder of this Agreement, or the application of such terms or provision , to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable , shall not be affected , and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law . <br /> The Company ' s failure to maintain its job creation commitment or annual wage level <br /> commitment for any one year will result in the decrease of the Grant amount it was <br /> scheduled to receive for that year ; however, such decrease will not preclude the <br /> Company ' s receipt of scheduled Grant amounts for those subsequent years in which <br /> it is able to maintain its job creation and wage level commitment . <br /> 15 . Assignment . COMPANY shall not, directly or indirectly , assign or transfer any of <br /> its rights or obligations under this Agreement, or any interest therein (the foregoing <br /> herein collectively "Transfer" ) , without the express prior written consent of <br /> - 7 - <br />
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