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02/06/2018
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02/06/2018
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Last modified
1/11/2021 12:30:01 PM
Creation date
2/16/2018 10:53:51 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/06/2018
Meeting Body
Board of County Commissioners
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Florida Statutes: <br />334.044(7) <br />22. This Agreement may be canceled by the Department in whole or in part at any time the <br />interest of the Department requires such termination. The Department also reserves the <br />right to seek termination or cancellation of the Agreement in the event the Recipient shall <br />be placed in either voluntary or involuntary bankruptcy. The Department further reserves <br />the right to terminate or cancel this Agreement in the event an assignment is made for the <br />benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60) <br />days written notice to the Department. If the Agreement is terminated before performance <br />is completed, the Recipient shall be paid only for that work satisfactorily performed for <br />which costs can be substantiated. <br />23. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or <br />obligations under this Agreement without the prior written consent of the Department, <br />which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer <br />occurring without the required written approval will be null and void. The Department will <br />at all times be entitled to assign or transfer its rights, duties, or obligations under this <br />Agreement to another governmental agency in the State of Florida, upon giving prior <br />written notice to the Recipient. In the event that the Department approves transfer of the <br />Recipient's obligations, the Recipient remains responsible for all work performed and all <br />expenses incurred in connection with this Agreement. <br />24. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be <br />in writing, and shall be transmitted either by personal hand delivery; United States Post <br />Office, return receipt requested; overnight express mail delivery, email, or facsimile. The <br />addresses and the contact persons set forth below for the respective parties shall be the <br />places where notices shall be sent, unless prior written notice of change of address is given. <br />TO DEPARTMENT: <br />Florida Department of Transportation <br />3400 W. Commercial Blvd. <br />Fort Lauderdale, Florida 33309 <br />Attn: Leos Kennedy, Jr. <br />Copy: Project Manager, Carlos Lemus <br />2"d Copy: District's General Counsel <br />TO RECIPIENT: <br />Indian River County <br />180127 1h Street <br />Vero Beach, Florida 32960 <br />Attn: Richard Szpyrka, P.E. <br />Copy: Indian River County's General Counsel <br />25. All words used herein in the singular form shall extend to and include the plural. All words <br />used in the plural form shall extend to and include the singular. All words used in any <br />gender shall extend to and include all genders. <br />26. This Agreement shall not be renewed. Any extension shall be in writing and executed by <br />both parties and shall be subject to the same terms and conditions set forth in this <br />agreement. <br />58 <br />
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