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2015-230
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2015-230
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Last modified
12/3/2015 1:16:08 PM
Creation date
12/3/2015 1:16:04 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
12/01/2015
Control Number
2015-230
Agenda Item Number
12.G.1
Entity Name
Guardian Community Resource Management
Subject
Grant Compliance Assistance Services
Community Development block Grant
Project Number
16-FG-5A-10-40-01-097
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(c) Upon receipt of written notice from the COUNTY that the CONTRACTOR'S <br /> provision of services hereunder are to be resumed, the CONTRACTOR shall continue to <br /> provide the services to the COUNTY. <br /> SECTION 31: ALTERNATIVE DISPUTE RESOLUTION (ADR). <br /> (a) In the event of a dispute related to any performance or payment obligation arising ;! <br /> under this Contract, the parties agree to exhaust any alternative dispute resolution <br /> procedures reasonably imposed by the COUNTY prior to filing suit or otherwise pursuing <br /> legal remedies <br /> (b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal <br /> remedies based on facts or evidentiary materials that were not presented for <br /> consideration to the COUNTY in alternative dispute resolution procedures or which the <br /> CONTRACTOR had knowledge and failed to present during the COUNTY procedures. <br /> (c) In the event that COUNTY procedures are exhausted and a suit is filed or legal <br /> remedies are otherwise pursued, the parties shall exercise best efforts to resolve ' <br /> disputes through voluntary mediation Mediator selection and the procedures to be �I <br /> employed in voluntary mediation shall be mutually acceptable to the parties. Costs of <br /> voluntary mediation shall be shared equally among the parties participating in the <br /> mediation <br /> SECTION 32: SEVERABILITY. <br /> (a) If any term, provision or condition contained in this Contract shall, to any extent, <br /> be held invalid or unenforceable, the remainder of this Contract, or the application of <br /> such term, provision or condition to persons or circumstances other than those in <br /> respect of which it is invalid or unenforceable, shall not be affected thereby, and each <br /> term, provision, and condition of this Contract shall be valid and enforceable to the fullest <br /> extent permitted by law when consistent with equity and the public interest. <br /> (b) All provisions of this Contract shall be read and applied in Pari Materia with all <br /> other provisions hereof. <br /> (c) Violation of this Contract by the CONTRACTOR is recognized by the parties to <br /> constitute irreparable harm to the COUNTY. <br /> SECTION 33: CONTROLLING LAWSIVENUE / INTERPRETATION. <br /> I� <br /> (a) This Contract is to be governed by the laws of the State of Florida. <br /> (b) Venue for any legal proceeding related to this Contract shall be in the Nineteenth <br /> Judicial Circuit Court in and for Indian River County, Florida. <br /> f <br /> (c) This Contract is the result of bona fide arms length negotiations between the <br /> COUNTY and the CONTRACTOR and all parties have contributed substantially and <br /> materially to the preparation of the Contract. Accordingly, this Contract shall not be <br /> construed or interpreted more strictly against any one party than against any other party. <br /> 19 <br />
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