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2017-102A
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2017-102A
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Last modified
7/21/2017 10:33:09 AM
Creation date
7/21/2017 10:31:37 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/18/2017
Control Number
2017-102A
Agenda Item Number
12.G.4. (2 of 2)
Entity Name
Raftelis Financial Consultants
Subject
Water, Wastewater, and Reclaimed Water Rate Study
Reuse Water
Alternate Name
Utility Rate Study
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Article 15. Compliance with Applicable Laws <br />Raftelis agrees not to discriminate in its employment practices, and will render services under this Agreement <br />without regard to race, color, religion, sex, national origin, veteran status, political affiliation or disabilities. <br />Any act of discrimination committed by Raftelis, or failure to comply with these statutory obligations when <br />applicable, shall be grounds for termination of this Agreement. <br />Article 16. General Provisions <br />A. Entire This Agreement represents the entire and sole agreement between the Parties with <br />Agreement: respect to the subject matter hereof. <br />B. Waiver: The failure of either Party to require performance by the other of any provision <br />hereof shall in no way affect the right to require performance at any time <br />thereafter, nor shall the waiver of a breach of any provision hereof be taken to be <br />a waiver of any succeeding breach of such provision or as a waiver of the provision <br />itself. All remedies afforded in this Agreement shall be taken and construed as <br />cumulative; that is, in addition to every other remedy available at law or in equity. <br />C. Relationship: Nothing herein contained shall be construed to imply a joint venture, partnership, <br />or principal -agent relationship between Raftelis and the Client; and neither Party <br />shall have the right, power, or authority to obligate or bind the other in any manner <br />whatsoever, except as otherwise agreed to in writing. <br />D. Assignment Neither Party shall assign or delegate this Agreement or any rights, duties, or <br />and obligations hereunder without the express written consent of the other. Subject to <br />Delegation: the foregoing, this Agreement shall inure to the benefit of and be binding upon the <br />successors, legal representatives, and assignees of the Parties hereto. <br />E. Severability: If any provision of this Agreement is declared invalid or unenforceable, such <br />provision shall be deemed modified to the extent necessary and possible to render <br />it valid and enforceable. In any event, the unenforceability or invalidity of any <br />provision shall not affect any other provision of this Agreement, and this Agreement <br />shall continue in force and effect, and be construed and enforced, as if such <br />provision had not been included, or had been modified as above provided, as the <br />case may be. <br />F. Governing This Agreement shall be governed by, and construed in accordance with, the laws <br />Law: of the State of Florida. Venue and jurisdiction shall be in Indian River County, <br />Florida, Circuit Court. <br />G. Paragraph The paragraph headings set forth in this Agreement are for the convenience of the <br />Headings: Parties, and in no way define, limit, or describe the scope or intent of this <br />Agreement and are to be given no legal effect. <br />H. Third Party Nothing in this Agreement shall be construed to create or confer any rights or <br />Rights interest to any third party or third party beneficiary. It is the intent of the parties <br />that no other outside, non-party claimant shall have any legal right to enforce the <br />terms of this Agreement. <br />Page 5 of 6 <br />
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