2014-087 - Laserfiche WebLink

Home Browse Search

the performance of County's obligations under this contract, then this contract shall automatically expire without penalty to County after written notice to Contractor of the unavailability and non -appropriation of public funds. It is expressly agreed that County shall not activate this non -appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure. 18. Miscellaneous. Any notices requiring or permitted to be given under this Agreement shall be delivered to the parties by personal delivery, or by registered o r certified mail, return receipt requested, at the addresses set forth in the Proposal. 19. Independent Contractor. The Agreement is between Consultant and Indian River County. Any other persons shown as part of the Consultant team in the Proposal are Consultant subcontractors who will assist Consultant in providing the Services to Indian River County. Consultant is an independent contractor and is n ot an employee of Indian River County. Services performed by Consultant u nder this Agreement are solely for the benefit of Indian River County unless specified otherwise. 20. Limitation of Liability; Consequential Damages. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONSULTANT TO INDIAN RIVER COUNTY FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR CONTRIBUTION SHALL NOT EXCEED THE COMPENSATION PAID TO CONSULTANT UNDER THIS AGREEMENT. In no event and under no circumstances shall Consultant be liable to Indian River County for any interest, loss of anticipated revenues, e arnings, profits, increased expense of operations, Toss by reason of shutdown or n on -operation due to late completion or for any consequential, indirect or special damages. 21. Reuse of Work Products. The work products resulting from Consultant's services shall not be changed or used for purposes other than those set forth in this Agreement without the prior written approval of Consultant. If Indian River County releases such work products to a third party without Consultant's prior written consent, or changes or uses the work products other than as intended hereunder, Indian River County does so at its sole risk and discretion and to the extent allowed by law, agrees to indemnify and hold Consultant harmless for any claims (including Consultant's claims to reasonable compensation for such third party use) or damages resulting from or connected with the release or any third party's use of the Work Products. This paragraph shall not apply to documents considered public records pursuant to Chapter 119, Florida Statutes. 6