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If the controversy or claim has not been resolved within thirty (30) days of the meeting of the <br />appropriate parties, the parties shall endeavor to settle the dispute by standard mediation <br />practices under Florida law This Agreement and all matters arising hereunder shall be <br />governed by and construed in accordance with the laws of the State of Florida. Venue <br />hereunder shall lie in Indian River County, Florida <br />12 Termination of Contract The obligation to provide services under this Agreement may <br />be terminated by either party upon thirty (30) days written notice in the event of <br />substantial failure by the other party to perform in accordance with the terms hereof <br />through no fault of the terminating party or if the County determines it not in the public <br />interest to continue this Agreement. In the event of any terminations, the Consultant will <br />be paid for all services rendered through the date of termination. The Consultant will <br />deliver to the County all work performed prior to termination of the Agreement. <br />13 Assignability This Contract shall not be assigned or transferred without prior written <br />consent of County <br />14 Insurance and Standard of Care Consultant shall perform services for The County in a <br />professional manner, using the degree of care and skill ordinarily exercised by <br />consultants practicing in the same or similar locality. <br />Consultant's insurance shall be primary. The County shall be named as an additional <br />insured for both General Liability and Automobile Liability Consultant shall maintain the <br />following limits of insurance during the term duration of this agreement. <br />General Liability <br />Each Occurrence $1,000,000 <br />Fire Damage -any one fire $50,000 <br />Medical Expenses -any one person $5,000 <br />Personal and Advertising Injury $1,000,000 <br />General Aggregate $2,000,000 <br />Automobile Liability — Combined Single Limit $1,000,000 <br />Worker's Compensation as required by the State of Florida <br />Each accident $100,000 <br />Each Disease — Each employee $100,000 <br />Each disease — policy limit $500,000 <br />Professional Liability Insurance <br />$1,000,000 per occurrence <br />$2,000,000 aggregate combined single limit <br />Page 3 of 9 <br />P\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services \La ng ham Agreement.doc <br />