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11/12/2013AP
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11/12/2013AP
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Last modified
6/26/2018 10:52:59 AM
Creation date
3/23/2016 9:05:56 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/12/2013
Meeting Body
Board of County Commissioners
Book and Page
215
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FilePath
H:\Indian River\Network Files\SL00000G\S0004NU.tif
SmeadsoftID
14235
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$94,637.68, shall be reimbursed to the Town's private parties within 30 calendar days of <br /> w•- receiving the money from the County. <br /> 3. Any notice, request, demand, consent, approval or other communication <br /> required or permitted by this Agreement shall be given or made in writing and shall be <br /> served, as elected by the party giving such notice, by any of the following methods: (1) Hand <br /> delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) <br /> Mailed by registered or certified mail (postage prepaid), return receipt requested at the <br /> addresses of the parties shown below: <br /> Indian River County: <br /> Indian River County Public Works Department <br /> Attn: Mr. James Gray, Jr. <br /> 180127 th Street, Building A <br /> Vero Beach, Florida 32960 <br /> Town of Orchid: <br /> Attn- Deb C. Branwell, Town Manager <br /> 7707-1 US Highway 1 <br /> Vero Beach, Florida 32967 <br /> 4. The validity, interpretation, construction, and effect of this Agreement shall be in <br /> accordance with and governed by the laws of the State of Florida, only. The location for <br /> settlement of any and all claims, controversies, or disputes, arising out of or relating to any <br /> part of this Agreement, or any breach hereof, as well as any litigation between the parties, <br /> shall be Indian River County, Florida for claims brought in state court, and the Southern <br /> District of Florida for those claims justiciable in federal court. <br /> 5. This Agreement incorporates and includes all prior and contemporaneous <br /> negotiations, correspondence, conversations, agreements, and understandings applicable to <br /> the matters contained herein and the parties agree that there are no commitments, <br /> agreements, or understandings concerning the subject matter of this Agreement that are not <br /> contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be <br /> predicated upon any prior representations or agreements, whether oral or written. It is further <br /> agreed that no modification, amendment or alteration in the terms and conditions contained <br /> herein shall be effective unless contained in a written document signed by all parties. In <br /> addition, notwithstanding any other provision set forth herein, it is agreed that this Agreement <br /> shall not constitute a third party beneficiary contract and no third party, even if referenced or <br /> mentioned hereunder, shall have any rights or privileges hereunder including, but not limited <br /> to, standing to enforce any term or condition of this Agreement or make any claim based on <br /> this Agreement. <br /> 6. If any term or provision of this Agreement or the application thereof to any <br /> person or circumstance shall, to any extent, be held invalid or unenforceable for the <br /> remainder of this Agreement, then the application of such term or provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> 14"' FV-,,WkKbdcsVa GVSS—*0-1.1-201210MridDune Stabilization\Cost Sharing Agreement\Town of Orchid ILA (Final) 2 <br /> - 11-4-13.docx <br /> 107 <br />
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