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2021-043
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2021-043
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Last modified
5/25/2021 12:44:59 PM
Creation date
4/8/2021 11:47:53 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/30/2021
Control Number
2021-043
Agenda Item Number
5.A.
Entity Name
Diamond Drinks of Florida, Inc.
Subject
Economic Development Ad Valorem Tax Exemption Agreement
Document Relationships
2021-007
(Agenda)
Path:
\Ordinances\2020's\2021
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12. Form of Notice. Any notice hereunder shall be in writing and delivered by (a) certified <br />mail, return receipt requested, (b) overnight or priority mail, in a form providing proof of receipt, or (c) <br />hand delivery, with written acknowledgement of receipt by the recipient. <br />13. Interpretation. This Agreement has been submitted to the equal review and scrutiny of <br />both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any <br />dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without <br />consideration or weight being given to the fact that it was initially prepared or drafted by any particular <br />party. <br />14. Severability. Each provision of this Agreement is deemed to be separate and divisible. If <br />any provision shall be held invalid, the remaining provisions shall remain in full force and effect. <br />15. Governinlz Law. This Agreement shall be governed by and interpreted in accordance with <br />the laws of the State of Florida. <br />16. Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or <br />relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian <br />River County, Florida. <br />17. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this <br />Agreement, the prevailing party shall recover from the non -prevailing party all fees, costs and expenses, <br />including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels. <br />18. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTEN- <br />TIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY <br />WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY <br />TRIAL. <br />19. Amendment. This Agreement may be amended or modified only by subsequent written <br />agreement signed by all parties and, with respect to County, approved by County's Board of County <br />Commissioners. <br />20. Successors and Assigns. This Agreement shall be binding upon the parties and their <br />successors and assigns. <br />r•:cnn.n..,nio.11--sp,,, r.c.,•,.vupl.,n,,,nrls:A7117.SSF1:licr,A 11vm•.......1"ph r,,,,,..•.rri.......du,a„R., bx,,A,.Idl'nl'I'n.,E'—p-Ap",1Xrn,mn10,ink, (OOJ.A_ Page 4 of <br />
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