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2010-202
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2010-202
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Last modified
2/23/2016 5:05:33 PM
Creation date
10/1/2015 2:24:17 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/07/2010
Control Number
2010-202
Agenda Item Number
8.0.
Entity Name
Karlin Daniel & Associates
Subject
Auctioneer Services
Supplemental fields
SmeadsoftID
9766
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interpretation , without consideration or weight being given to the fact that it was initially <br /> prepared or drafted by any particular party. <br /> 16 . Severability . Each provision of this Agreement is deemed to be separate and divisible . If any <br /> Provision shall be held invalid , the remaining provisions shall remain in full force and effect . <br /> 17 . Governing Law . This Agreement shall be governed by and interpreted in accordance with the <br /> laws of the State of Florida. <br /> I S . Jurisdiction and Venue . Exclusive jurisdiction for any proceedings arising out of or relating <br /> to this Agreement shall be in the county or circuit court of the State of Florida. Venue shall <br /> be in Indian River County, Florida . <br /> 19 . Attorney ' s Fees , etc . In any legal proceedings arising out of or relating in any way to this <br /> agreement, the prevailing party shall recover from the non -prevailing part all fees, costs and <br /> expenses, including, without limitation , reasonable attorney ' s fees at all trial , appellate and <br /> collection levels . <br /> 20 . Waiver of Jury Trial . EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY <br /> WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY <br /> WAY TO THIS AGREEMENT . ALL SUCH ISSUES SHALL BE RESOLVED BY NON - <br /> JURY TRIAL . <br /> 21 . Amendment . This Agreement may be amended or modified only by subsequent written <br /> agreement signed by all parties and, with respect to County, approved by County ' s Board of <br /> County Commissioners . <br /> 22 . Term/Termination . This agreement shall be for an initial one year term . Thereafter, the <br /> agreement may be renewed for up to five successi <br /> renewal agreeve one year renewal terms , by subsequent <br /> agreements) signed by both parties . Either party may terminate this agreement at <br /> any tmle upon thirty days written notice . <br /> 23 . Auctioneer ' s Representation . Auctioneer represents and warrants that all statements and <br /> information set forth in Auctioneer ' s response and other submittals to the RFP were at the <br /> time of submittal , and are as of the date of this agreement, true and correct. <br /> 24 . Assignment . Neither party may assign this agreement without the written approval of the <br /> other, which approval may be withheld at the sole judgment and discretion of the other party, <br /> IN WITNESS WIIEREOF the parties hereto have executed this Agreement as of the date first written <br /> above . <br /> INDIAN RIVER <br /> /vCOUNTY KARLIN DANIEL & ASSOCIATES , INC. <br /> By : ` <br /> MISSOp, By : <br /> Chairman Board of Court Col �. s°ione ° ° ° ° •.9�;., Its06 ,t — <br /> 0 <br /> Date approved by BCC : 09 - 07 �° J. ° ° ° <br /> 0 <br /> < $ <br /> • ° <br /> • ^�p <br /> • o <br /> f ATS S � jfi' � + <br /> µ'ms �� n / • • , <br /> C. . <br />
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