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2013-177
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2013-177
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Last modified
12/8/2015 1:12:20 PM
Creation date
10/1/2015 5:34:13 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/10/2013
Control Number
2013-177
Agenda Item Number
8.U.
Entity Name
Hydromentia, Inc.
Subject
License agreement PC South Algal Nutrient Recovery Facility
Algal Turf Scrubber
Supplemental fields
SmeadsoftID
12264
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8 . COMPENSATION . For the right to use the Technology in its Facility, Licensee <br /> will pay Licensor a Fee of $ 190,000 . All payments due to Licensor shall be made in United <br /> States currency by check drawn on a Florida bank unless otherwise specified by Licensor <br /> The Fee is non-refundable and shall be paid in two installments as follows: <br /> A . Ninety-Five Thousand Dollars ($95 ,000) within forty-five (45 ) days of the <br /> Notice to Proceed to the Contractor awarded the construction contract for <br /> the Facility. <br /> Be Ninety-Five Thousand Dollars ($95 ,000) six months after the Notice to <br /> Proceed to the Contractor. <br /> 9 . TERMINATION . Should Licensee breach this Agreement by failing to pay the <br /> fees in accordance with paragraph 8 , Licensor shall provide notification of breach to Licensee <br /> and demand payment from Licensee . Licensee shall have thirty (30) days or the period set <br /> forth by the Local Government Prompt Payment Act (whichever is longer) to cure the breach <br /> of non-paytnent. Failure to do so will result in termination of this License Agreement. <br /> 10 . POST-TERMINATION RIGHTS . Upon termination of this License Agreement, <br /> as set forth in paragraph 9 above, Licensee shall thereafter immediately cease all further use <br /> of the Technology at the Facility and all rights granted to Licensee under this License <br /> Agreement shall forthwith terminate and immediately revert to Licensor. <br /> 11 , NOTICE . All notices and communications sent by either party shall be via <br /> certified mail, return receipt requested or by nationally-recognized overnight courier service <br /> and shall be effective upon receipt or refusal to accept delivery . Licensor' s address is set forth <br /> in the first paragraph of this License Agreement. Licensee ' s address shall be Public Works <br /> Stormwater Division, Indian River County, 1801 27th Street, Vero Beach, Florida 32960 . <br /> Such addresses may be changed by notifying the other party in the manner set forth in this <br /> paragraph. <br /> 12 . SEVERABILITY . If any provision hereof is held invalid or unenforceable by a <br /> court of competent jurisdiction, such invalidity shall not affect the validity or operation of any <br /> other provision and such invalid provision shall be deemed to be severed from this License <br /> Agreement and the remainder of this License Agreement shall continue to exist and be <br /> enforceable as though the unenforceable term or provision did not exist, unless to do so would <br /> materially prevent the accomplishment of the intent of the parties in entering into this License <br /> Agreement, in which event this License Agreement shall terminate . <br /> 13 . HEADINGS . The headings and captions used herein are for convenience only <br /> and are not to be used in interpreting the obligations of the parties under this License <br /> Agreement. <br /> 14 . ASSIGNMENT . Except as set forth in paragraph 5 , herein, this License <br /> Agreement is personal to Licensee and may not be assigned by any act of Licensee or by <br /> 3 <br />
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