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2019-202
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2019-202
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Last modified
2/13/2020 3:28:42 PM
Creation date
12/11/2019 11:05:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
12/03/2019
Control Number
2019-202
Agenda Item Number
8.F.
Entity Name
Indian River County School Board (IRCSB)
Interlocal Agreement with County
Subject
maintenance and repair of the emergency power generator at Treasure Coast Elementary School
Interlocal Agreement IRCSB and IRC
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4. Waiver and Delay <br /> No waiver or delay of any provision of this Agreement at any time will be deemed a <br /> waiver of any other provision of this Agreement at such time or will be deemed a waiver <br /> of such provision at any other time. <br /> 5. Dispute Resolution <br /> As a condition precedent to a Party bringing any suit for breach of this Agreement, that <br /> party must first notify the other Party in writing of the nature of the purported breach and <br /> seek in good faith to resolve the dispute through negotiation. If the Parties cannot <br /> resolve the dispute through negotiation, they may agree to mediation with a qualified <br /> third party acceptable to both Parties. The existence of a dispute shall not excuse the <br /> Parties from performance pursuant to this Agreement. This remedy is supplemental to <br /> any other remedies available at law. <br /> 6. Filing <br /> A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Indian <br /> River County, Florida. <br /> 7. Force Majeure <br /> No party shall be obligated to perform any duty, requirement or obligation under this <br /> Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, <br /> wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil <br /> commotions, or by reasons of any other matter or condition beyond the control of any <br /> Party, and which cannot be overcome by reasonable diligence and without unusual <br /> expense ("Force Majeure"). In no event shall a lack of funds on the part of any Party be <br /> deemed Force Majeure. <br /> 8. Survival <br /> Provisions contained in this Agreement that, by their sense and context, are intended to <br /> survive the expiration or termination of this Agreement, shall so survive. <br /> 9. Waiver of Jury Trial <br /> EACH OF THE PARTIES HERETO KNOWINGLY, VOLUNTARILY, AND <br /> INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL <br /> BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT <br /> OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. <br /> 10. Indemnification <br /> Subject to the provisions and only within the limitations of Section 768.28, Florida <br /> Statutes, and without waiving sovereign immunity, the Parties recognize their <br /> 3 <br />
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