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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />any duplicate public records that are exempt or confidential and exempt <br />from public disclosure requirements. If the Recipient keeps and maintains <br />public records upon completion of the Agreement, the Recipient shall meet <br />all applicable requirements for retaining public records. All records that are <br />stored electronically must be provided to the Department, upon request <br />from the Department's custodian of public records, in a format that is <br />accessible by and compatible with the information technology systems of <br />the Department. <br />D. IF THE RECIPIENT HAS QUESTIONS REGARDING THE <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO <br />THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF <br />PUBLIC RECORDS by telephone at (850) 245-2118, by email at <br />ombudsmanna dep.state.fl.us. or at the mailing address below: <br />Department of Environmental Protection <br />ATTN: Office of Ombudsman and Public Services <br />Public Records Request <br />3900 Commonwealth Blvd, Mail Slot 49 <br />Tallahassee, FL 32399 <br />XV. LEGAL AUTHORIZATION <br />1. The Recipient certifies with respect to this Agreement that it possesses the legal <br />authority to receive funds to be provided under this Agreement and that, if applicable, its governing <br />body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement <br />with all covenants and assurances contained herein. The Recipient also certifies that the <br />undersigned possesses the authority to legally execute and bind the Recipient to the terms of this <br />Agreement. <br />XVI. STANDARD CONDITIONS <br />1. This Agreement shall be construed under the laws of the State of Florida, and venue <br />for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is <br />in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision <br />shall be deemed null and void to the extent of such conflict and shall be severable, but shall not <br />invalidate any other provision of this Agreement. <br />2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on <br />strict performance by the Recipient shall affect or extend or act as a waiver of any other right or <br />remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT <br />for any further or subsequent default by the Recipient. Any power of approval or disapproval <br />granted to FCT under the terms of this Agreement shall survive the terms and life of this <br />Agreement as a whole. <br />DEP Agreement No. S0958, Page 21 of 24 <br />FCT Project No. 11-050-FFI l <br />Pre -Acquired Project Site <br />