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11/20/2018_SpecialCall
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11/20/2018_SpecialCall
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Last modified
1/25/2021 12:40:06 PM
Creation date
12/21/2018 2:52:09 PM
Metadata
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Meetings
Meeting Type
Special Hearing
Document Type
Agenda Packet
Meeting Date
11/20/2018
Meeting Body
Board of County Commissioners
Subject
Brightline; All Aboard Florida; Virgin Trains USA
Settlement agreement
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No provision of this Amendment is intended to, or shall be construed to, create any <br />additional third party beneficiary or to provide any rights to any person or entity not a party to this <br />Amendment, including but not limited to any citizen or employees of the COUNTY and/or <br />BRIGHTLINE. <br />Section B. CONFLICTS WITH SETTLEMENT AGREEMENT <br />For avoidance of doubt, as between BRIGHTLINE and COUNTY, in the event of a <br />conflict between the terms of this Amendment and the Settlement Agreement, the terms of the <br />Settlement Agreement shall govern. <br />Section 9. EFFECTIVE DATE AND TERM <br />9.1 Effective Date. This Amendment will become effective upon approval by the <br />governing body of the COUNTY and execution by all parties. <br />9.2 Term. The term of this Amendment will be concurrent with the term of each <br />License Agreement to which it is applicable. <br />Section 10. VENUE AND CHOICE OF LAW <br />The License Agreements, as amended herein, will be governed by the laws of the State <br />of Florida. Any questions or matters arising under the License Agreements as to validity, <br />construction, enforcement, performance, or otherwise, shall be determined in accordance with <br />the laws of the State of Florida. Venue for any action arising out of or in any way related to this <br />Amendment shall be as provide in the License Agreements. <br />Section 11. NOTICE <br />All notices required in the License Agreements, as amended, shall be sent by, hand <br />delivery or overnight commercial courier. Notices shall be addressed as follows.- <br />To <br />ollows: <br />To FECR: Attention: Robert Ledoux, VP and General Counsel <br />Florida East Coast Railway L.L.C. <br />7411 Fullerton Street, Suite 300 <br />Jacksonville, FL 32256 <br />To BRIGHTLINE: Attention: Patrick Goddard, President <br />Brigthline Trains LLC <br />161 NW 61 St, Ste. 900 <br />Miami, FL 33136 <br />To COUNTY: Attention.- <br />Section <br />ttention: <br />Section 12.SEVERABILITY <br />If any term or provision of the License Agreements, as amended, or the application <br />thereof to any person or circumstances, shall, to any extent, be held invalid or unenforceable, <br />the remainder of the License Agreements, as amended, or the application of such terms or <br />provisions, to persons or circumstances other than those as to which it is held invalid or <br />M <br />
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