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2013-069
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2013-069
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Last modified
10/30/2015 11:26:31 AM
Creation date
10/1/2015 5:14:20 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Memorandum
Approved Date
04/02/2013
Control Number
2013-069
Agenda Item Number
8.K.
Entity Name
Sebastian Inlet District
Subject
Beach Nourishment Memorandum of Understanding
Beach Preservation Plan Habitat Conservation Plan
Area
Sebastian Inlet
Supplemental fields
SmeadsoftID
11846
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in the terms and conditions contained herein shall be effective unless contained in a <br /> written document signed by all parties . A party requesting an amendment to this <br /> Agreement must propose such amendment in writing to the other party at least ninety (90) <br /> days prior to the proposed effective date of the amendment. <br /> 10 . Severability. If any term or provision of this Agreement or the application <br /> thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable <br /> for the remainder of this Agreement, then the application of such term or provision to <br /> persons or circumstances other than those as to which it is held invalid or unenforceable <br /> shall not be affected , and every other term and provision of this Agreement shall be <br /> deemed valid and enforceable to the extent permitted by law . <br /> 11 . Captions: Construction. Captions in this Agreement are included for <br /> convenience only and are not to be considered in any construction or interpretation of this <br /> Agreement or any of its provisions . Unless the context indicates otherwise , words <br /> importing the singular number include the plural number, and vice versa . Words of any <br /> gender include the correlative words of the other genders , unless the sense indicates <br /> otherwise . <br /> 13 . Soverei_cn Immunity. Each party to this Agreement is responsible for all injury <br /> and property damage attributable to the negligent acts or omissions of that party and the <br /> officers , employees and agents thereof. In addition , each party is subject to the provisions <br /> of Florida Statutes section 768 . 28 (2005) . <br /> 14 . No Waiver. The failure of either party at any time to require performance by the <br /> other party of any provision hereof shall in no way affect the right of either party thereafter to <br /> enforce the same . No waiver by either party of any breach of any provision hereof shall be <br /> taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any <br /> provision itself. <br /> 15 . Counterparts . This Agreement may be executed in any number of <br /> counterparts , each of which shall be deemed an original and all of which shall constitute <br /> but one and the same document. <br /> 16 . Term. Subject to early termination as set forth in this Agreement , this <br /> Agreement shall commence on the Effective Date and shall remain in effect for a period of <br /> five (5) years from the Effective Date of the Agreement , with one renewal option of five (5) <br /> years , for a potential total of ten ( 10) years . <br /> 17 . Recordation. This Agreement shall become effective upon execution by both <br /> parties and filing with the Clerk of the Circuit Court for Indian River County and the Clerk of <br /> the Circuit Court for Brevard County. <br /> REST OF PAGE INTENTIONALLY LEFT BLANK <br /> 5 <br />
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