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2014-204A
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2014-204A
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Last modified
3/17/2017 12:16:38 PM
Creation date
1/20/2017 1:34:09 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2014
Control Number
2014-204A
Agenda Item Number
12.A..2
Entity Name
TSI Diaster Recovery LLC
Subject
Head Island and Indian River Aquatic Preserve
Restoration of Head Island
Area
2105 Island Drive
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10. FDEP Permit <br />11. USACE Permit <br />ARTICLE 9 - MISCELLANEOUS <br />9.01 Terms <br />A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. <br />9.02 Assignment of Contract <br />A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on <br />another party hereto without the written consent of the party sought to be bound; and, specifically <br />but without limitation, moneys that may become due and moneys that are due may not be assigned <br />without such consent (except to the extent that the effect of this restriction may be limited by law), <br />and unless specifically stated to the contrary in any written consent to an assignment, no assignment <br />will release or discharge the assignor from any duty or responsibility under the Contract Documents. <br />9.03 Successors and Assigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal <br />representatives to the other party hereto, its partners, successors, assigns, and legal representatives <br />in respect to all covenants, agreements, and obligations contained in the Contract Documents. <br />9.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law <br />or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and <br />binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed <br />to replace such stricken provision or part thereof with a valid and enforceable provision that comes <br />as close as possible to expressing the intention of the stricken provision. <br />9.05 Venue <br />A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought <br />by either party against the other party or otherwise arising out of this Contract shall be in Indian <br />River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for <br />the Southern District of Florida. <br />9.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall <br />comply with Florida's Public Records Law. Specifically, the Contractor shall: <br />(1) Keep and maintain public records that ordinarily and necessarily would be required by the <br />County in order to perform the service. <br />Page 4 of 6 <br />
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