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2020-157D
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Last modified
3/5/2021 10:02:36 AM
Creation date
12/18/2020 4:56:42 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/18/2020
Control Number
2020-157D
Agenda Item Number
8.AJ.
Entity Name
XGD Systems, LLC
Subject
Oyster Bar Marsh Public Use Improvements Bid
Area
1955 S Highway A1A Vero Beach, FL 32960
Bid Number
2020013
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9.2 Assignment of Contract <br />A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on <br />another party hereto without the written consent of the parry sought to be bound; and, specifically but <br />without limitation, moneys that may become due and moneys that are due may not be assigned without <br />such consent (except to the extent that the effect of this restriction may be limited by law), and unless <br />specifically stated to the contrary in any written consent to an assignment, no assignment will release or <br />discharge the assignor from any duty or responsibility under the Contract Documents. <br />9.3 Successors and Assigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to <br />the other party hereto, its partners, successors, assigns, and legal representatives in respect to all <br />covenants, agreements, and obligations contained in the Contract Documents. <br />9.4 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or <br />Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding <br />upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace <br />such stricken provision or part thereof with a valid and enforceable provision that comes as close as <br />possible to expressing the intention of the stricken provision. <br />9.5 Venue <br />A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by <br />either party against the other party or otherwise arising out of this Agreement shall be in Indian River <br />County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the <br />Southern District of Florida. <br />9.6 Construction Schedule and Weekly Progress Meetings <br />A. Prior to beginning work, CONTRACTOR shall submit to IRC Parks & Recreation — Conservation staff a <br />detailed construction schedule, which shall be reviewed and approved by IRC Parks & Recreation — <br />Conservation staff prior to beginning the work. Once CONTRACTOR has begun the work, CONTRACTOR's <br />representative shall attend a weekly progress meeting, which may be by phone, video conference or in <br />person, with and as determined by IRC Parks & Recreation — Conservation staff to discuss the status of <br />the Work. These weekly meetings shall continue until CONTRACTOR has obtained Substantial Completion <br />of the Work, or until County Representative, in writing, deems the meetings unnecessary, which ever <br />occurs first. <br />9.7 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall <br />comply with Florida's Public Records Law. Specifically, the Contractor shall: <br />(1) Keep and maintain public records required by the County to perform the service. <br />(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of <br />the requested records or allow the records to be inspected or copied within a reasonable time at a cost <br />5 <br />
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