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09/09/2014
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09/09/2014
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Last modified
4/20/2018 2:57:47 PM
Creation date
3/23/2016 8:52:04 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/09/2014
Meeting Body
Board of County Commissioners
Book and Page
298
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FilePath
H:\Indian River\Network Files\SL00000E\S0004A4.tif
SmeadsoftID
14149
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provided below. In the event of the termination of this Agreement, any liability of one <br />party to the other arising out of any Services rendered, or for any act or event occurring <br />prior to the termination, shall not be terminated or released. <br />7.2 In the event of termination by the COUNTY, the COUNTYis sole obligation <br />to the CONTRACTOR shall be payment for those portions of satisfactorily completed <br />work previously authorized by approved Work Authorization. Such payment shall be <br />determined on the basis of the hours of work performed by the CONTRACTOR, or the <br />percentage of work completed as estimated by the CONTRACTOR and agreed upon by <br />the COUNTY up to the time of termination. In the event of such termination, the <br />COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to <br />employ other persons to perform the same or similar services. <br />7.3 The obligation to provide services under this Agreement may be <br />terminated by either party upon seven (7) days prior written notice in the event of <br />substantial failure by the other party to perform in accordance with the terms of this <br />Agreement through no fault of the terminating party. <br />7.4 In the event that the CONTRACTOR merges with another company, <br />becomes a subsidiary of, or makes any other substantial change in structure, the <br />COUNTY reserves the right to terminate this Agreement in accordance with its terms. <br />7.5 In the event of termination of this Agreement, the CONTRACTOR agrees <br />to surrender any and all documents prepared by the CONTRACTOR for the COUNTY in <br />connection with this Agreement. <br />7.6 The COUNTY may terminate this Agreement for refusal by the <br />CONTRACTOR to allow public access to all documents, papers, letters, or other <br />material subject to the provisions of Chapter 119, Florida Statutes and made or received <br />by the CONTRACTOR in conjunction with this Agreement. <br />7.7 The COUNTY may terminate this Agreement in whole or in part if the <br />CONTRACTOR submits a false invoice to the COUNTY. <br />8. MISCELLANOUS PROVISIONS. <br />8.1 Independent Contractor. It is specifically understood and acknowledged <br />by the parties hereto that the CONTRACTOR or employees or Subcontractors of the <br />Contractor are in no way to be considered employees of the COUNTY, but are <br />independent contractors performing solely under the terms of the Agreement and not <br />otherwise. <br />8.2 Invitation to Bid. IT is specifically understood and acknowledged by the <br />parties hereto that all of the requirements set forth in the Invitation to Bid dated July 14, <br />2014 (including addenda ^ through .__) shall be incorporated herein. <br />8.3 Mercier; Modification. Except as set forth in Section 8.2 above, this <br />Agreement incorporates and includes all prior and contemporaneous negotiations, <br />0530-8 <br />F:1Utilities\UTILITY - Engineering'Projects - Unity Construction Permits1IRC - LABOR CONTRACT REVISE() FOR 2014\00530 <br />General Agreement,doc <br />214 <br />
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