Laserfiche WebLink
JUL 181979 FOOK <br />B. Termination for Cause <br />41 PAUE 07 <br />If, through any cause, the COUNTY shall fail to fulfill <br />in timely and proper manner its obligations under this Contract, <br />or if the COUNTY shall violate any of the covenants, agreements, <br />or stipulations of this Contract, the DEPARTMENT shall there- <br />upon have the right to terminate this Contract by giving <br />written notice to the COUNTY of such termination and specifying <br />the effective date thereof. In that event, all items or <br />materials furnished by the DEPARTMENT and any finished or <br />unfinished reports, notes, or field data prepared by the COUNTY <br />shall immediately be delivered to a place designated by the <br />DEPARTMENT, and the COUNTY shall be entitled to receive just <br />and equitable compensation for any satisfactory work or ser- <br />vices completed. <br />Notwithstanding the above, the COUNTY shall not be relieved <br />of liability to the DEPARTMENT for damages sustained by the <br />DEPARTMENT by virtue of any breach of the Contract by the <br />COUNTY, and the DEPARTMENT may withhold any payments to the <br />COUNTY for the purpose of setoff until such time as the exact <br />amount of damage due the DEPARTMENT is determined. <br />SECTION IX. RIGHT OF DECISIONS <br />All services shall be performed by the COUNTY to the <br />reasonable satisfaction of the Secretary of the DEPARTMENT or his <br />designated representative, who shall decide all questions, difficul- <br />ties, and disputes of whatever nature which may arise under or by <br />reason of the AGREEMENT, the prosecution and fulfillment of the <br />services hereunder and the character, quality, amount and value <br />thereof. This section shall not preclude any party from seeking <br />relief by an appropriate court proceeding. <br />SECTION X. <br />DISCLAIMER OF LIABILITY <br />The COUNTY hereby agrees to indemnify, defend, save, and <br />hold harmless the DEPARTMENT from all claims, demands, liabilities, <br />and suits of any nature whatsoever arising out of, because of, or <br />due to any act or occurrence of omission or' commi ssi cin of' the COlJNTY. <br />its agents, or employees to the extent -permitted by Floridn laid. <br />