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2019-109A
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2019-109A
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Last modified
12/27/2019 1:54:52 PM
Creation date
8/28/2019 3:02:06 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/16/2019
Control Number
2019-109A
Agenda Item Number
12.G.4.
Entity Name
National Metering services, Inc.
Subject
Agreement of Meter Deployment Services
AMR-Automatic Meter Reading
Area
SWDD
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to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a <br />boycott of Israel as set forth in Section 215.4725, Florida Statutes. <br />ARTICLE 27. INTENTIONALLY LEFT BLANK <br />ARTICLE 28. SUSPENSION <br />28.01 Suspension. IRC may order National to suspend, and to subsequently resume, <br />performance of all or of any part of the Services at any time by the issuance of a notice of <br />suspension to National and such notice shall not require acceptance by National for such <br />suspension to take effect. If IRC orders suspension of performance or provision of all or any <br />part of the Services, IRC shall: (1) complete the payments due up to the effective date of the <br />suspension notice and shall resume payments as of the effective date that the suspended <br />Services are ordered resumed, and (2) pay for any Out -of -Pocket Expenses incurred by National <br />as a result of such suspension. In the event that IRC requests that National resume the <br />provision of the suspended Services, National shall provide IRC with revised Milestones or <br />plans, including a revised Deployment Plan, if applicable, that take into account the suspension <br />and resumption of the suspended Services. Such revised Milestones or plans shall be subject to <br />IRC's review and approval. Once approved, National shall resume the suspended Services in <br />accordance with such revised Milestones or plans. National shall provide IRC with sufficient <br />supporting data for evaluation of the reasonableness of the expenses for item (2) above. The <br />provisions of this Section shall be National's sole remedy as a result of any suspension of the <br />Services, in whole or in part. <br />ARTICLE 29. INDEMNIFICATION <br />29.01 Indemnification. Each Party hereto shall indemnify and hold harmless the other Party, <br />including its respective officers and employees, from liabilities, damages, losses and costs, <br />including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, <br />recklessness, or intentional wrongful misconduct of the indemnifying party and persons <br />employed or utilized by the indemnifying party in the performance of the Services. The <br />requirements of this section shall be limited to the levels set forth in section 768.28, Florida <br />Statutes, and shall net be deemed a waiver of IRC's sovereign immunity. <br />ARTICLE 30. DAMAGES <br />30.01 Direct Damages. <br />(1) Each Party shall be liable to the other Party for any direct damages arising out of <br />or relating to its performance or failure to perform under this Agreement. <br />(2) The liability of a Party to the other Party, whether based on an action or claim in <br />contract, equity, negligence, tort or otherwise, for any single event, act or <br />omission, shall not exceed the total contract fees as defined in Exhibit 2. <br />42 <br />
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