2016-045 - Laserfiche WebLink

Home Browse Search

Florida Statutes: 8504)35-01 334.044(7) PROGRAM MANAGEMENT OGC—12/15 Page 12 of 21 23. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; overnight express mail delivery, email, or facsimile. The addresses and the contact persons set forth below for the respective parties shall be the places where notices shall be sent,unless prior written notice of change of address is given. TO DEPARTMENT: TO RECIPIENT: Florida Department of Transportation Indian River County 3400 W. Commercial Blvd. 1801 27 Street Fort Lauderdale, Florida 33309 Vero Beach, Florida 32960 Attn: Leos Kennedy, Jr. Attn: Richard B. Szpyrka, P.E. Copy: Project Manager, Carlos Lemus Copy: Indian River County's General Counsel 2nd Copy: District's General Counsel 24. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 25. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties and shall be subject to the same terms and conditions set forth in this agreement. 26. This Agreement shall not be construed to grant any third party rights. 27. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 28. This Agreement embodies the entire agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Recipient and the authorized officer of the Department or his/her delegate. 29. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination,the remainder of this Agreement thus remains in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 30. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action arising out of this Agreement shall be in Leon County, Florida.