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2005-132
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2005-132
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10/26/2015 5:22:30 AM
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9/30/2015 4:28:55 PM
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Resolutions
Resolution Number
2005-132
Approved Date
09/06/2005
Agenda Item Number
No data from migration
Archived Roll/Disk#
3129
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SmeadsoftID
1692
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2005-296
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\Official Documents\2000's\2005
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negligent act or omission of the COMPANY,its agents,servants,or employees in the <br /> performance of services under this Agreement. <br /> 11. Forum; Venue. This Agreement shall be governed by the laws of the State of <br /> Florida. Any and all legal action necessary to enforce the Agreement will be held in <br /> Indian River County or the Federal District Court for the Southern District of Florida. <br /> No remedy herein conferred upon any party is intended to be exclusive of any other <br /> remedy,and each and every such remedy shall be cumulative and shall be in addition <br /> to every other remedy given hereunder or now or hereafter existing by law or in <br /> equity or by statute or otherwise. No single or partial exercise by any party of any <br /> right, power, or remedy hereunder shall preclude any other or further exercise <br /> thereof. <br /> 12. Lobb nest Certification. The COMPANY warrants that it has not employed or <br /> retained any company or person, other than a bona fide employee working solely for <br /> the COMPANY to solicit or secure this Agreement and that it has not paid or agreed <br /> to pay any person, company, corporation, individual, or firm, other than a bona fide <br /> employee working solely for the COMPANY,any fee,commission,percentage,gift, <br /> or any other consideration contingent upon or resulting from the award or making of <br /> this Agreement. <br /> 13. No Discrimination Certification.The COMPANY warrants and represents that all of <br /> its employees are treated equally during employment without regard to race, color, <br /> religion, disability, sex, age, national origin, ancestry, marital status, or sexual <br /> orientation. <br /> 14. Attorneys' Fees. If any legal action or other proceeding is brought for the <br /> enforcement of this Agreement, or because of an alleged dispute,breach, default or <br /> misrepresentation in connection with any provisions of this Agreement, the <br /> successful or prevailing party or parties shall be entitled to recover reasonable <br /> attorney's fees, court costs and all expenses (including faxes) even if not taxable as <br /> court costs (including,without limitation, all such fees,costs and expenses incident <br /> to appeals),.incurred in that action or proceeding, in addition to any other relief to <br /> which such party or parties may be entitled. <br /> 15. Enforceability. If any term or provision of this Agreement,or the application thereof <br /> to any person or circumstances shall,to any extent,be held invalid or unenforceable, <br /> the remainder of this Agreement, or the application of such terms or provision, to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected, and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law. <br /> The Company's failure to maintain its job creation commitment or salary level <br /> commitment for any one year will result in the forfeiture of the Grant amount it was <br /> -5- <br />
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