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9.06 Public Records Compliance <br /> A. Indian River County is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply <br /> with Florida's Public Records Law. Specifically,the Contractor shall: <br /> (1) Keep and maintain public records that ordinarily and necessarily would be required by the County <br /> in order to perform the service. <br /> (2) Provide the public with access to public records on the same terms and conditions that the County <br /> would provide the records and at a cost that does not exceed the cost provided in chapter 119 or <br /> as otherwise provided by law. <br /> (3) Ensure that public records that are exempt or confidential and exempt from public records <br /> disclosure requirements are not disclosed except as authorized by law. <br /> (4) Meet all requirements for retaining public records and transfer,at no cost,to the County all public <br /> records in possession of the Consultant upon termination of the Agreement and destroy any <br /> duplicate public records that are exempt or confidential and exempt from public records disclosure <br /> requirements. All records stored electronically must be provided to the County in a format that is <br /> compatible with the information technology systems of the County. <br /> B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. <br /> 9.07 Force Majeure <br /> A. Any non-performance of the terms or conditions of this Agreement caused by or resulting from an event <br /> of Force Majeure (as defined below)shall not constitute a violation or event of default. For the purposes <br /> of this Agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial <br /> disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, <br /> landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of <br /> governments, civil disturbances, enactment of applicable laws prohibiting performance, and other such <br /> causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. <br /> Page 4 of 5 <br />