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07/16/2013AP
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07/16/2013AP
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Last modified
6/26/2018 2:15:07 PM
Creation date
3/23/2016 8:59:31 AM
Metadata
Fields
Template:
Meetings
Meeting Type
Agenda Packet
Document Type
Minutes
Meeting Date
07/16/2013
Meeting Body
Board of County Commissioners
Book and Page
274
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000F\S0004NH.tif
SmeadsoftID
14222
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22. STRICT COMPLIANCE: <br /> (W <br /> The RECIPIENT agrees that all acts to <br /> g be performed by it in connection with this Agreement <br /> must be performed in strict conformity with all local, state and federal laws and regulations. <br /> 23. BREACHES AND REMEDIES: <br /> a. In the event that the RECIPIENT fails to comply with any of the terms of this Agreement, <br /> the DEPARTMENT may exercise any remedies available at law or in equity, including, without <br /> limitation the right to (i) withhold and/or reduce funding to the RECIPIENT, and (ii) terminate <br /> this Agreement in accordance with the terms hereof. <br /> b. In the event that the Department determines that a material default by Recipient of the <br /> performance of a duty, obligation, covenant, or agreement imposed on it or made by it in this <br /> Agreement or by law has occurred, the Department will provide notice and an opportunity to <br /> cure. Unless the notice states otherwise, based upon the Department's determination that the <br /> default must be cured immediately, the notice shall provide fifteen (15) calendar days following <br /> the date of notice within which to initiate action to correct the default and thirty (30) calendar <br /> days following the date of notice of default to either cure the default or demonstrate to the <br /> Department's satisfaction that corrective action is being taken that will likely result in curing the <br /> default within a period of time that the Department agrees is reasonable. In the event that the <br /> Recipient fails to cure the default within the timeframe established above, the Department may <br /> exercise any remedy available to it under the law or in equity, including, without limitation the <br /> right to terminate this Agreement immediately upon notice to the Recipient. <br /> c. Subject to compensation due the RECIPIENT for any work satisfactorily completed prior to <br /> any notice of termination, following the termination of this Agreement, all funds which as of that <br /> date were previously provided by the DEPARTMENT and not expended by the RECIPIENT <br /> shall revert to the State of Florida General Revenue Fund. The requirement for the return of <br /> and method of repayment of any remaining funds shall be at the sole discretion of the <br /> DEPARTMENT. <br /> 24. DISPUTE RESOLUTION: <br /> The Parties agree they will seek to resolve any disputes between them regarding their <br /> responsibilities as soon as possible and at the lowest level reasonable, in order to conserve the <br /> resources of the Parties. The Parties further agree to use their best efforts to assure speedy and <br /> non-confrontational resolution of any and all disputes between them. If informal efforts are <br /> unsuccessful, the Parties agree to engage a mutually accepted volunteer mediator to assist them in <br /> resolving any outstanding issues. If, within a reasonable time after engaging a mutually accepted <br /> volunteer mediator, the Parties are unable to resolve any outstanding issues, the Parties agree that <br /> formal resolution, including but not limited to any remedies available at law or in equity may be <br /> sought. This paragraph shall not be construed as a limitation on paragraph 17, <br /> INDEMNIFICATION. <br /> 25. SEVERABILITY: <br /> (W If any term or provision of this Agreement is found to be illegal, invalid, or unenforceable, then <br /> such term or provision shall be severed from this Agreement. This Agreement and the rights and <br /> 8 <br /> 83 <br />
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