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2015-006
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2015-006
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Last modified
3/28/2017 1:38:42 PM
Creation date
4/25/2016 11:14:59 AM
Metadata
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Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
01/06/2015
Control Number
2015-006
Agenda Item Number
13.A.
Entity Name
H&D Construction Co.
Guarantee Company of North America USA
Subject
Egret Marsh Stormwater Management Facility
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Settlement Agreement <br />Page 5 <br />document shall not, solely as a matter of judicial construction, be construed more severely <br />against one of the Parties than the other. <br />15. Obligations of Further Execution. The Parties agree to execute all such further <br />instruments, and to take all such further actions as may be reasonably required by any Party to <br />fully effectuate the terms and provisions of this Agreement and the transactions contemplated <br />herein. <br />16. Survival of Warranties and Representations. All covenants, warranties and <br />representations contained in this Agreement, and all documents to be delivered by the Parties in <br />connection with the consummation of the transaction contemplated herein, shall survive the <br />consummation of said transaction. <br />17. Event of Enforcement. In the event that it is necessary for any of the Parties to <br />seek enforcement of this Agreement, the Parties agree that the Agreement will be interpreted and <br />construed in accordance with, and governed by the laws of the State of Florida, and such <br />proceedings shall occur in a court of competent jurisdiction servicing Indian River County, <br />Florida. <br />18. Notices. Any notices or other formal communications made under this <br />Agreement shall be deemed to have been duly given if sent via United States Mail to the <br />following: <br />To GCNA: <br />Mr. Jeff Jubera <br />The Guarantee Company of <br />North America USA <br />25800 Northwestern Hwy, Suite 720 <br />Southfield, Michigan 48075 <br />To the County: <br />William DeBraal, Esquire <br />Office of the County Attorney <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />With a copy to: <br />Edward Etcheverry, Esq. <br />Etcheverry Harrison LLP <br />150 S. Pine Island Road, Suite 105 <br />Fort Lauderdale, Florida 33324 <br />Fax: (954) 370-1682 <br />or at such other address as each of the foregoing may designate in writing by registered or <br />certified mail to the other. <br />19. Execution in Counterparts. This Agreement may be executed in one or more <br />counterparts, each of which, when executed and delivered, shall be deemed to be an original, but <br />such counterparts shall together constitute one and the same instrument. <br />
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