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07/01/2014
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07/01/2014
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Last modified
4/4/2018 6:14:50 PM
Creation date
3/23/2016 8:48:20 AM
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Template:
Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/01/2014
Meeting Body
Board of County Commissioners
Book and Page
212
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FilePath
H:\Indian River\Network Files\SL00000D\S0003VS.tif
SmeadsoftID
13709
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19. Modification. No modification of this Agreement shall be binding on the County <br />or the Concessionaire unless reduced to writing and signed by a duly authorized representative of <br />the County and the Concessionaire. <br />20. Emergencies. In the case of a declared emergency in Indian River County by the <br />Board of County Commissioners, the County retains the right to immediately resume occupation, <br />management, and maintenance of the facility, to use the facility to meet any emergency needs of <br />the citizens of Indian River County for the period of that emergency and a reasonable period of <br />time thereafter as deemed necessary by the County. <br />21. Public Record. All records, books, and accounts related to the performance of this <br />agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter <br />119, Florida Statutes. <br />22. Force Majeure. Neither the County nor the Concessionaire shall be considered in <br />breach of this Agreement to the extent that performance of their respective obligations (excluding <br />payment obligations) is prevented by an Event of Force Majeure that arises after the effective date <br />of this Agreement. An "Event of Force Majeure" shall include, but not be limited to an act of God <br />(such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, <br />hostilities (whether declared or not), invasion, act of foreign enemies, mobilization, requisition, or <br />embargo; rebellions, revolution, insurrection, or military or usurped power, or civil war; <br />contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the <br />combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any <br />explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go <br />slows, lock outs or disorder, unless solely restricted to employees of any supplier or of its <br />subcontractors; or acts or threats of terrorism. <br />9 <br />64 <br />
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