2013-188 - Laserfiche WebLink

Home Browse Search

County: County Administrator 180127 1h Street Vero Beach, Florida 32960-3365 The parties will consider notice to be properly given if ( 1 ) personally delivered ; (2) sent by certified U . S . Mail , return receipt requested ; or (3 ) sent by an overnight letter delivery company ; and (b) The parties will consider the effective date of notice to be the date personally delivered ; or, if sent by U . S . Mail, the date of postmark ; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice . SECTION 6 . INDEMNIFICATION, HOLD HARMLESS To the extent permitted by law and subject to the limitations of Section 768 .28 , Florida Statutes and any subsequent revisions thereto, each party agrees to indemnify, defend and hold harmless the other party and respective elected officials , officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including , but not by way of limitation, reasonable attorneys ' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property, caused by the negligence of the indemnifying party in connection with this Agreement. This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege . SECTION 7. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. SECTION 8. MERGER, MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence , conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. F:IAttorwyDndalGewralla rfatal AgreemewsWoipiial DisMct (Medhcaid)Am Page 3 of 5 August 30, 2013