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2019-199A
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2019-199A
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Last modified
12/30/2019 3:02:37 PM
Creation date
12/30/2019 3:01:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/19/2019
Control Number
2019-199A
Agenda Item Number
15.B.4.
Entity Name
Atlas Organics Indian River, LLC
Subject
Agreement for the SWDD yard waste processing and recycling services
Area
Indian River County
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(1) if Contractor fails to perform the Work in accordance with Prudent Industry Practices (as <br />defined in Sub -Article 11.F); <br />(2) if Contractor materially breaches any provision of this Agreement; or <br />(2) if Contractor abandons the Work, is adjudged bankrupt, or makes a general assignment <br />for the benefit of creditors, or applies for or consents to the appointment of a trustee or <br />receiver for a substantial part of its property. <br />B. With the exception of Article 1.3 (F), Owner shall, before terminating the Contract for any of the <br />foregoing reasons, notify Contractor in writing of the grounds for termination and provide <br />Contractor with thirty (30) calendar days to cure the default to the reasonable satisfaction of <br />the Owner. With respect to Article 1.3 (F), Owner shall provide Contractor with seven (7) <br />calendar days to cure the default to the reasonable satisfaction of the Owner. <br />C. If the Contractor fails to correct or cure within the time provided in the preceding Sub -Article B, <br />Owner may terminate this Contract by notifying Contractor in writing. Upon receiving such <br />notification, Contractor shall immediately cease all work hereunder and shall forfeit any further <br />right to possess or occupy the site or any materials thereon subject to the terms and conditions <br />contained in Article 7B. <br />D. Owner's right to terminate this Agreement under Sub -Article 11(A) is cumulative with any other <br />rights or remedies that may now or subsequently be available to Owner at law, in equity, by <br />statute, in any other agreement between the parties, or otherwise. <br />E. TERMINATION FOR CONVENIENCE: Owner may at any time and for any reason terminate this <br />Agreement and Contractor's services and work for Owner's convenience by providing prior <br />written notice to Contractor, which shall specify that Owner is terminating the Agreement for <br />convenience and the effective date of the termination, which shall be thirty days from the date <br />of the notice of termination (the 'Termination Date"). Upon the Termination Date: (a) <br />Contractor shall immediately discontinue the work and immediately cease ordering of any <br />materials, labor, equipment, facilities, or supplies in connection with the performance of this <br />Contract; and (b) Owner shall pay Contractor (i) all amounts due, but not yet paid, to <br />Contractor under this Agreement for Work completed prior to the Termination Date; and (ii) if <br />the Termination Date is a date that occurs on or before January 2, 2021, reimbursement of all <br />costs and expenses incurred on or before the Termination Date by Contractor for the <br />Contractor's Improvements, provided that such reimbursement shall not exceed $250,000. <br />F. TERMINATION IN REGARDS TO F.S. 287.135: Contractor certifies that it and those related <br />entities of respondent as defined by Florida law are not on the Scrutinized Companies that <br />Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged <br />in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars <br />or more, Contractor certifies that it and those related entities of respondent as defined above <br />by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the <br />Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant <br />to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or <br />Syria. <br />Owner may terminate this Agreement if Contractor is found to have submitted a false <br />certification as provided under section 287.135(5), Florida Statutes, been placed on the <br />Page 18 of 22 <br />
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