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02/19/2013AP
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02/19/2013AP
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Last modified
6/26/2018 12:56:02 PM
Creation date
3/23/2016 8:55:36 AM
Metadata
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Template:
Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/19/2013
Meeting Body
Board of County Commissioners
Book and Page
470
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000E\S0004MZ.tif
SmeadsoftID
14204
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19. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this <br /> agreement, the prevailing party shall recover from the non-prevailing part all fees, costs and <br /> expenses, including, without limitation, reasonable attorney's fees at all trial, appellate and <br /> collection levels. <br /> l... <br /> 20. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY <br /> WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY <br /> TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON-JURY <br /> TRIAL. <br /> 21. Amendment. This Agreement may be amended or modified only by subsequent written agreement <br /> signed by all parties and, with respect to County, approved by County's Board of County <br /> Commissioners. <br /> 22. Term/Termination. This agreement shall be for an initial twelve (12) month term. Thereafter, the <br /> agreement may be renewed for up to five successive twelve (12) month periods, by subsequent <br /> renewal agreement(s) signed by both parties. Either party may terminate this agreement at any time <br /> upon thirty days written notice. <br /> 23. Auctioneer's Representation. Auctioneer represents and warrants that all statements and <br /> information set forth in Auctioneer's response and other submittals to the RFP were at the time of <br /> submittal, and are as of the date of this agreement, true and correct. <br /> 24. Assignment. Neither party may assign this agreement without the written approval of the other, <br /> which approval may be withheld at the sole judgment and discretion of the other party. <br /> TN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written <br /> )ove. <br /> ASSOCIATE AUCTIONS,LLC INDIAN RIVER COUNTY <br /> Name Joseph E. Flescher, BCC Chairman <br /> Approved by BCC <br /> Title <br /> Witnessed by: <br /> APPROVED: ATTEST: <br /> By: Jeffrey R. Smith, Clerk of Court and <br /> Joseph A. Baird, County Administrator Comptroller <br /> By: <br /> Approved as to Form and Legal Sufficiency Deputy Clerk <br /> By: <br /> County Attorney <br /> Page 4 of 4 <br /> 66 <br />
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