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2023-012
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2023-012
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Last modified
2/3/2023 12:21:41 PM
Creation date
2/3/2023 12:21:11 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/17/2023
Control Number
2023-012
Agenda Item Number
13.B.
Entity Name
City of Vero Beach, Florida
Subject
Water, Wastewater, and Reclaimed Water Franchise Agreement
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Section 16. Notices. Any delivery of notice required or permitted to be made <br />hereunder may be made by personal delivery, courier, or mailing a copy thereof <br />addressed to the appropriate Party as follows: <br />If to INDIAN RIVER COUNTY <br />If to VERO BEACH: <br />County Administrator <br />Indian River County <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />City Manager <br />City of Vero Beach <br />1053 20th Place <br />Vero Beach, FL 32960-5359 <br />Delivery when made by registered or certified mail shall be deemed complete upon <br />mailing. <br />Section 17. Default and Remedies. Failure on the part of either Party to comply <br />in any material and substantial respect with any of the provisions or conditions of this <br />Franchise Agreement shall be grounds for termination if Ninety (90) calendar days after <br />written notice of such default the defaulting Party has failed or refused to correct the <br />noticed noncompliance. However, should there be any dispute as to the validity of the <br />grounds for termination, or should any other dispute arise between the Parties on the <br />subject of this Franchise Agreement or its performance, the Parties shall utilize the <br />dispute resolution process set forth in Chapter 164, Florida Statutes, the Florida <br />Governmental Conflict Resolution Act, before availing themselves of any otherwise <br />available legal rights. Notwithstanding the foregoing, the Parties in their own discretion <br />may, but are not required to, grant such additional time to the other Party for compliance <br />based on the circumstances. <br />Section 18. Waiver of Compliance. Any term or condition of this Franchise <br />Agreement may be waived by the Party that is entitled to the benefit thereof, but no such <br />waiver shall be effective unless set forth in a written instrument duly executed by or on <br />behalf of the Party waiving such term or condition. Any waiver by any Party of any <br />condition, or of the breach of any provision, term, covenant, representation, or warranty <br />contained herein, in any one or more instances, shall not invalidate this Franchise <br />Agreement, nor shall such waiver be deemed to be nor construed as a furthering or <br />continuing waiver of any such condition, or of the breach of any other provision, term, <br />covenant, representation, or warranty of this Franchise Agreement. Except for a written <br />waiver as provided for herein, the failure of a Party to assert any of its rights under this <br />Franchise Agreement or otherwise shall not constitute a waiver of such rights. A waiver <br />by a Party of the time for performing any act shall not constitute a waiver of time for <br />performing any other act or the time for performing an identical act required to be <br />performed at a later time. <br />Page 7 of 9 <br />
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