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2018-034
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2018-034
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Last modified
12/21/2020 12:29:55 PM
Creation date
2/23/2018 3:54:13 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/20/2018
Control Number
2018-034
Agenda Item Number
8.J.
Entity Name
Town of Indian River Shores
Subject
Reclaimed Water Franchise Agreement
Area
Indian River Shores
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undertaken pursuant to the terms of this Franchise Agreement, where said failure or delay <br />is due to any cause beyond COUNTY's control including, without limitation, "Acts of God," <br />unavoidable casualties, and labor disputes. <br />Section 20. Notices. Any delivery of notice required or permitted to be made hereunder <br />may be made by personal delivery, courier, or mailing a copy thereof addressed to the <br />appropriate party as follows: <br />If to INDIAN RIVER SHORES Town Manager <br />Town of Indian River Shores <br />6001 N. Highway A -1-A <br />Indian River Shores, Florida 32963 <br />If to COUNTY Director of Utilities <br />1801 27th Street <br />Vero Beach, FL 32960 <br />Delivery when made by registered or certified mail shall be deemed complete upon <br />mailing. <br />Section 21. No Waiver. The failure of either party hereto to enforce any of the provisions <br />of this Franchise Agreement or the waiver thereof in any instance by either party shall not <br />be construed as a general waiver or relinquishment on its part of any such provisions, but <br />the same shall, nevertheless, be and remain in full force and effect. <br />Section 22. Binding Affect. All of the provisions of this Franchise Agreement shall be <br />binding upon and inure to the benefit of and be enforceable by the legal representatives, <br />successors, assigns, and nominees of the parties. <br />Section 23. Governing Law; Venue; Attorney Fees. This Franchise Agreement shall <br />be construed, governed, and interpreted according to the laws of the State of Florida. <br />Venue for resolution of any dispute arising under this Franchise Agreement or the <br />Franchise shall be in Indian River County, Florida. The parties shall each bear their own <br />attorney fees in any dispute arising under this Franchise Agreement. <br />Section. 24. Entire Agreement; Amendments. This instrument constitutes the entire <br />agreement between the parties and supersedes all previous discussions, <br />understandings, and agreements between the parties relating to the subject matter of this <br />Franchise Agreement. Amendments to and waivers to the provisions of this Franchise <br />Agreement shall be made by the parties only in writing by formal amendment. This <br />Franchise Agreement may be executed in separate counterparts, each of which shall be <br />deemed to be an original and all of which together shall constitute one and the same <br />instrument. <br />SIGNATURE PAGE FOLLOWS <br />Page 6 of 7 <br />
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