Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
person other than a bona fide employee working solely for the Consultant to solicit or <br />secure this Agreement and that it has not paid or agreed to pay any company or person <br />other than a bona fide employee working solely for the Consultant any fee, commission, <br />percentage fee, gifts or any other considerations, contingent upon or resulting from the <br />award or making of this contract. For breach of violation of this provision, the COUNTY <br />shall have the right to terminate this Agreement without liability and, at its discretion, to <br />deduct from the contract price, or otherwise recover, the full amount of such fee, <br />commission, percentage, gift, or consideration. <br />10. MISCELLANOUS PROVISIONS. <br />10.1 Independent Contractor. It is specifically understood and acknowledged by <br />the parties hereto that the Consultant or employees or subconsultants of the Consultant <br />are in no way to be considered employees of the COUNTY, but are independent <br />contractors performing solely under the terms of the Agreement and not otherwise. <br />10.2 Merger; Modification. This Agreement incorporates and includes all prior <br />and contemporaneous negotiations, correspondence, conversations, agreements or <br />understandings applicable to the matters contained herein and the parties agree that <br />there are no commitments, agreements, or understandings of any nature whatsoever <br />concerning the subject matter of the Agreement that are not contained in this document. <br />Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon <br />any prior or contemporaneous representations or agreements, whether oral or written. <br />No alteration, change, or modification of the terms of this Agreement shall be valid unless <br />made in writing and signed by the Consultant and the COUNTY. <br />10.3 Governing Law; Venue. This Agreement, including all attachments hereto, <br />shall be construed according to the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this Agreement <br />shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United <br />States District Court for the Southern District of Florida. The prevailing party in any lawsuit <br />arising out of or related to this Agreement shall be entitled to recover its reasonable <br />attorney's fees and costs, including fees and costs through appeal. The parties <br />expressly and voluntarily waive any and all rights to trial by jury in connection with <br />any litigation arising out of or related to this Agreement. <br />10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be <br />deemed cumulative and additional, and not in lieu or exclusive of each other or of any <br />other remedy available to either party, at law or in equity. Each right, power and remedy <br />of the parties provided for in this Agreement shall be cumulative and concurrent and shall <br />be in addition to every other right, power or remedy provided for in this Agreement or now <br />or hereafter existing at law or in equity or by statute or otherwise. The failure of either <br />party to insist upon compliance by the other party with any obligation, or exercise any <br />remedy, does not waive the right to so in the event of a continuing or subsequent <br />delinquency or default. A party's waver of one or more defaults does not constitute a <br />waver of any other delinquency or default. If any legal action or other proceeding is <br />10 <br />