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10/12/2021
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10/12/2021
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Last modified
3/24/2022 10:16:29 AM
Creation date
12/29/2021 10:38:31 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/12/2021
Meeting Body
Board of County Commissioners
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Section 13 - Time of the Essence. Time is of the essence of the Agreement. <br />Section 14.- Severability. If any sentence, phrase, paragraph, provision or portion of this <br />Agreement is for any reason held invalid or unconstitutional by any court of competent <br />jurisdiction, such holding shall not affect the validity of the remaining portion hereto. <br />Section 15 License to Use Copyrighted Materials and Trademark Rights. West Vero <br />acknowledges that County owns and holds all right, including patents, trademarks, copyrights and <br />trade secrets in and to all elements of the Transit Station and related structures, designs and <br />drawings, including without limitation, the passenger waiting shelter. County hereby grants West <br />Vero a revocable license to use such rights in the Transit Station and related structure, designs and <br />drawings during the term of this Agreement for the purposes addressed in this Agreement.West <br />Vero shall acquire no right or interest in any of these elements by virtue of the Agreement and all <br />uses of these elements and related rights shall inure to the benefit of County. West Vero agrees <br />not to challenge or otherwise interfere with the validity of County's rights in these elements or <br />County's ownership of these elements and related rights. <br />Section 16 - Indemnification. To the extent permitted by Florida law and subject to the <br />limitations provided by Florida law, County shall indemnify West Vero (and its members, officers <br />and employees, collective, the "Released Parties") against, and hold the Released Parties <br />harmless from all losses,, damages, costs, claims, suits, liabilities, and expenses (including, without <br />limitation, reasonable attorneys' fees including those for services rendered at the appellate court <br />level) resulting from the construction, repair, replacement, any use, removal, maintenance or <br />compliance requirements under this Agreement and/or the Transit Station. <br />AGREED TO by the parties hereto as of the date first above written. <br />West Vero Crossings, LLC <br />By: West Vero Manager, LLC, Manager <br />By: AB Vero, LLC, Manager <br />By: <br />Print Name: <br />Title: <br />Date: <br />Signatures to continue on following page <br />37 <br />
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