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04/01/2014 (2)
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04/01/2014 (2)
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Last modified
4/23/2018 3:10:35 PM
Creation date
10/1/2015 6:33:45 PM
Metadata
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/01/2014
Meeting Body
Board of County Commissioners
Book and Page
572
Supplemental fields
SmeadsoftID
14727
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any dispute shall be in Indian River County, Florida. Each party shall bear its own attorney fees <br />in any dispute arising under this Agreement. Each party, however, is entitled to attorneys' fees <br />pursuant to Section 57.105, Florida Statutes. <br />15.6. Entire A Bement• Amendments. This instrument constitutes the entire agreement <br />between the parties and supersedes all previous discussions, understandings, and agreements <br />between the parties relating to the subject matter of this Agreement. Amendments to and <br />waivers of the provisions of this Agreement shall be made by the parties only in writing by <br />written amendment or other appropriate written document. This Agreement may be executed in <br />separate counterparts, each of which shall be deemed to be an original and all of which together <br />shall constitute one and the same instrument. <br />15.7. Constructiondnterpretation of AUment. Each party has participated equally in <br />the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is <br />required to interpret any provision of this agreement, the provision shall not be interpreted for or <br />against either party upon the basis that such party was or was not the preparer of this Agreement. <br />15. Sovereign Immunity. Nothing herein shall constitute a waiver of the COUNTY'S <br />sovereign immunity. <br />15.9. Waiver of Jui_y Trial. EACH PARTY KNOWINGLY AND VOLUNTARILY <br />WANES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CAUSE OF <br />ACTION OR. ISSUE ARISING OUT OF OR RELATING TO THIS AGREEMENT. <br />15.10. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of <br />action shall accrue hereunder to or for the benefit of any entity or individual not a named party <br />hereto. <br />15.11. Notices. Any notice required hereunder shall be in writing and shall be delivered <br />by personal delivery, courier, express or overnight mail, or certified mail, return receipt <br />requested, addressed to the appropriate party as follows: <br />If to County County Administrator <br />Indian River County <br />180127' Street <br />Vero Beach, Florida 32960 <br />If to FMG Randy Molde <br />Publishers Development Corporation <br />12345 World Trade Dr. <br />San Diego, CA 92128 <br />If to Commission RichNatbandian <br />Tradition Field 5 <br />25 Peacock Blvd. <br />Port St Lucie, Florida 32986 <br />Page 7 of 9 <br />111 <br />
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