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2017-034
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2017-034
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Last modified
3/9/2017 11:51:29 AM
Creation date
3/9/2017 11:51:28 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/07/2017
Control Number
2017-034
Agenda Item Number
15.B.2
Entity Name
Russell Payne, Inc. Mr. Mulch Inc.
Subject
Yard Waste Processing and Disposal Services
Bid Number
2017028
Document Relationships
2018-061
(Cover Page)
Path:
\Official Documents\2010's\2018
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(13) The following which may be delivered or issued on or after the Effective Date of the <br /> Agreement and are not attached hereto: <br /> 1. Written Amendments; <br /> 2. Approved Rate Adjustments <br /> ARTICLE 10-MISCELLANEOUS <br /> 10.01 Terms <br /> A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. <br /> I <br /> 10.02 Assignment of Contract <br /> A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding <br /> on another party hereto without the written consent of the party sought to be bound; and, <br /> specifically but without limitation, moneys that may become due and moneys that are due may not <br /> be assigned without such consent (except to the extent that the effect of this restriction may be <br /> limited by law), and unless specifically stated to the contrary in any written consent to an <br /> assignment, no assignment will release or discharge the assignor from any duty or responsibility <br /> under the Contract Documents. <br /> 10.03 Successors and Assigns <br /> A. Owner and Contractor each binds itself, its partners,successors, assigns,and legal representatives <br /> to the other party hereto, its partners, successors, assigns, and legal representatives in respect to <br /> all covenants,agreements,and obligations contained in the Contract Documents. <br /> 10.04 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 to <br /> replace such stricken provision or part thereof with a valid and enforceable provision that comes as <br /> close as possible to expressing the intention of the stricken provision. <br /> 10.05 Venue <br /> A. This Agreement 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 Agreement 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 /> 10.06 Public Records Compliance <br /> A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor <br /> shall comply with Florida's Public Records Law. Specifically,the Contractor shall: <br /> (1) Keep and maintain public records required by the County to perform the service. <br /> Page 7 <br />
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