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04/01/2014 (4)
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04/01/2014 (4)
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Last modified
3/24/2021 1:17:25 PM
Creation date
3/23/2016 9:18:29 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/01/2014
Meeting Body
Board of County Commissioners
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FilePath
H:\Indian River\Network Files\SL00000K\S0005ZY.tif
SmeadsoftID
14725
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any dispute shall be in Indian River County, Florida. Each party shall bear its own attorney fees <br /> in any dispute arising under this Agreement. Each parry, however, is entitled to attorneys' fees <br /> pursuant to Section 57.105,Florida Statutes. <br /> 15.6. Entire Agreement;Amendments. This instrument constitutes the entire agreement <br /> between the parties and supersedes all previous discussions, understandings, and agreements <br /> between the parties relating to the subject matter of this Agreement. Amendments to and <br /> waivers of the provisions of this Agreement shall be made by the parties only in writing by <br /> written amendment or other appropriate written document. This Agreement may be executed in <br /> separate counterparts, each of which shall be deemed to be an original and all of which together <br /> shall constitute one and the same instrument. <br /> 15.7. Construction/Interpretation of Agreement. Each party has participated equally in <br /> the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is <br /> required to interpret any provision of this agreement,the provision shall not be interpreted for or <br /> against either party upon the basis that such party was or was not the preparer of this Agreement. <br /> 15. Sovereign Immunity. Nothing herein shall constitute a waiver of the COUNTY'S <br /> sovereign immunity. <br /> 15.9. Waiver of Jury Trial. EACH PARTY KNOWINGLY AND VOLUNTARILY <br /> WAIVES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CAUSE OF <br /> ACTION OR ISSUE ARISING OUT OF OR RELATING TO THIS AGREEMENT. <br /> 15.10. No Third Party Beneficiaries. Except as otherwise expressly provided herein,this <br /> Agreement is solely for the benefit of the named parties, and no enforceable right or cause of <br /> action shall accrue hereunder to or for the benefit of any entity or individual not a named party <br /> hereto. <br /> 15.11. Notices. Any notice required hereunder shall be in writing and shall be delivered <br /> by personal delivery, courier, express or overnight mail, or certified mail, return receipt <br /> requested,addressed to the appropriate party as follows: <br /> If to County County Administrator <br /> Indian River County <br /> 180127`Street <br /> Vero Beach,Florida 32960 <br /> If to FMG Randy Molde <br /> Publishers Development Corporation <br /> 12345 World Trade Dr. <br /> San Diego,CA 92128 <br /> If to Commission Rich Nalbandian <br /> Tradition Field 5 <br /> 25 Peacock Blvd. <br /> Port St Lucie,Florida 32986 <br /> Page 7 of 9 <br /> 111 <br />
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