2021-177A - Laserfiche WebLink

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Cooperative Purchasing Agreement - This Agreement may be expanded to include other governmental agencies. BROKER(s) may agree to allow other public agencies the same items at the same terms and conditions as this Agreement, during the period of time that this Agreement is in effect. Each political entity will be responsible for execution of its own requirements with the BROKER. Contractual Relations - The BROKER(s) are advised that nothing contained in the Agreement or specifications shall create any contractual relations between the County and Sub -BROKER of the BROKER(s). Length of Notice/Advertising Time — Actual times will be determined by County and BROKER on a case- by-case basis. SECTION XVIII ASSIGNMENT BROKER shall not delegate, assign or subcontract any part of the work under this Agreement or assign any monies due him hereunder without first obtaining the written consent of the County. SECTION XIX TERMINATION, DELAYS AND LIQUIDATED DAMAGES If the BROKER refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in this Agreement, or as may be modified in accordance with this Agreement, the County by written notice to the BROKER, may terminate BROKER's rights to proceed. On such termination, the County may take over the work and prosecute the same to completion, by Agreement or otherwise, and the BROKER and his sureties shall be liable to the County for any additional cost incurred by it in its completion of the work. The County may terminate this Agreement with or without cause by giving the BROKER thirty (30) days' notice in writing. Upon delivery of said notice, the BROKER shall discontinue all services in connection with the performance of this Agreement and shall proceed to promptly cancel all related existing third - party Agreements. Termination of the Agreement by the County pursuant to this paragraph shall terminate all of the County's obligations hereunder, and no charges, penalties or other costs shall be due BROKER except for work timely completed. The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the terminating party will be paid all compensation earned for services performed through the date of cancellation. SECTION XX LAW, VENUE AND WAIVER OF JURY TRIAL This Agreement is to be construed as though made in and to be performed in the State of Florida and is to be governed by the laws of Florida in all respects without reference to the laws of any other state or nation. The venue of any action taken to enforce this Agreement shall be in Indian River County, Florida. The Parties to this Agreement hereby freely, voluntarily and expressly, waive their respective rights to trial by jury on any issues so triable after having the opportunity to consult with an attorney. 12