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03/16/2021 (2)
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03/16/2021 (2)
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6/11/2021 11:27:11 AM
Creation date
6/11/2021 11:24:27 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/16/2021
Meeting Body
Board of County Commissioners
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YOU MAY INCUR OR EXPERIENCE IN CONNECTION WITH (A) THESE TERMS OF SALE, (B) ANY INABILITY TO USE THE PRODUCTS, <br />(C) ANY INABILITY TO ACCESS DATA, OR (D) ANY INACCURACY OF DATA, EVEN IF FLEETBOSS, FLEETBOSS' SUPPLIERS, OR <br />SUCH OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br />10. Jurisdiction; Binding Arbitration; Attorneys' Fees. These Terms of Sale are entered into in the State of Florida and shall be <br />governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. In the event of a <br />dispute between the parties regarding these Terms of Sale, each party to these Terms of Sale hereby agrees to submit to binding <br />arbitration in the state and county of the principal place of business (or the state and county of domicile for individuals) of the <br />non -petitioning party under the then -prevailing rules of the American Arbitration Association. Judgment upon any award in such <br />binding arbitration may be entered and enforced in any court of competent jurisdiction. Notwithstanding any provision in these <br />Terms of Sale to the contrary, you acknowledge that any breach of Section 9 (No Resale) will result in an irreparable injury for which <br />money damages will not be an adequate remedy and that, in such event, FleetBoss shall be entitled to injunctive relief in addition to <br />any other relief a court may deem proper. In the event of any arbitration or legal action to enforce these Terms of Sale, the <br />prevailing party in such arbitration or legal action will be entitled to costs and attorneys fees. The rights and obligations of the parties <br />hereunder shall not be governed by the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. <br />11. Notices All notices, service disputes, and/or warranty claims required pursuant to this Agreement, or any other issues by you <br />based upon the Hardware, Software, Site, Services, and/or this Agreement, shall be made in writing by you and delivered directly to <br />FleetBoss at 241 Obrien Rd., Fern Park, FL 32730. <br />12. Entire Agreement: This Agreement between you and FleetBoss in connection with the Hardware, Software, Site, and/or <br />Services (or parts thereof) constitutes the entire agreement between FleetBoss and you, and supersedes all previous <br />communications, representations, and agreements, whether oral or written, between you and FleetBoss with respect to the subject <br />matter hereof. The failure by FleetBoss to enforce at any time any of the provisions in this Agreement will in no way be construed as <br />a waiver of such provisions <br />Quote <br />No.: 26811 <br />Date: 2/26/2021 <br />43 <br />quote -use print options to display pricing.rpt Printed: 2/26/2021 10:40:33AM Page 3 <br />
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