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2019-085C
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2019-085C
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Last modified
12/27/2019 1:20:12 PM
Creation date
7/1/2019 2:49:25 PM
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Official Documents
Official Document Type
Agreement
Approved Date
06/04/2019
Control Number
2019-085C
Agenda Item Number
8.L.
Entity Name
Hinterland Group
Subject
Lift Station Rehabilitation Services
Bid Number
2019047
Document Relationships
2019-155A
(Cover Page)
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\Official Documents\2010's\2019
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separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of <br />receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default <br />by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. <br />The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from <br />liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent <br />caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other <br />persons employed or utilized by the CONTRACTOR in the performance of this Agreement. <br />MISCELLANEOUS PROVISIONS <br />Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the <br />CONTRACTOR or employees or subcontractors of the CONTRACTOR are in no way to be considered <br />employees of the COUNTY, but are independent contractors performing solely under the terms of the <br />Agreement and not otherwise. <br />Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous <br />negotiations, correspondence, conversations, agreements, or understandings applicable to the matters <br />contained herein and the parties agree that there are no commitments, agreements, or understandings of <br />any nature whatsoever concerning the subject matter of the Agreement that are not contained in this <br />document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any <br />prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, <br />or modification of the terms of this Agreement shall be valid unless made in writing and signed by the <br />CONTRACTOR and the COUNTY. <br />Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to <br />the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or <br />otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. <br />Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, <br />and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. <br />Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and <br />concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or <br />now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist <br />upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right <br />to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more <br />defaults does not constitute a waiver of any other delinquency or default. If any legal action or other <br />proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, <br />default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its <br />own costs. <br />Severability If any term or provision of this Agreement or the application thereof to any person or <br />circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, <br />then the application of such term or provision to persons or circumstances other than those as to which it is <br />held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement <br />shall be deemed valid and enforceable to the extent permitted by law. <br />Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of <br />funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. <br />Page 6 of 13 <br />
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