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01/31/2023
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01/31/2023
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Last modified
3/16/2023 1:11:51 PM
Creation date
3/16/2023 1:01:11 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/31/2023
Meeting Body
Board of County Commissioners
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(12) The following which may be delivered or issued on or after the Effective Date of the <br />Agreement and are not attached hereto: <br />a) Written Amendments; <br />b) Work Change Directives; <br />c) Change Order(s). <br />ARTICLE Q - MISCELLANEOUS <br />9.oi Terms <br />A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. <br />9.02 Assignment of Contract <br />A. No assignment by a parry hereto of any rights under or interests in the Agreement will be <br />binding on another party hereto without the written consent of the parry sought to be bound; <br />and, specifically but without limitation, moneys that may become due and moneys that are <br />due may not be assigned without such consent (except to the extent that the effect of this <br />restriction may be limited by law), and unless specifically stated to the contrary in any <br />written consent to an assignment, no assignment will release or discharge the assignor from <br />any duty or responsibility under the Contract Documents. <br />9.03 Successors andAssigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal <br />representatives to the other parry hereto, its partners, successors, assigns, and legal <br />representatives in respect to all covenants, agreements, and obligations contained in the <br />Contract Documents. <br />9.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any <br />Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to <br />be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract <br />Documents shall be reformed to replace such stricken provision or part thereof with a valid <br />and enforceable provision that comes as close as possible to expressing the intention of the <br />stricken provision. <br />9.05 Venue <br />A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this Agreement <br />shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the <br />United States District Court for the Southern District of Florida. <br />9.o6 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The <br />Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor <br />shall: <br />(i) Keep and maintain public records required by the County to perform the service. <br />3 69 <br />
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