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2022-178B
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2022-178B
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Last modified
6/22/2023 12:32:09 PM
Creation date
6/22/2023 12:28:49 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/20/2022
Control Number
2022-178B
Agenda Item Number
8.H.
Entity Name
Communications International Inc.
Subject
Approval of Renewal of the Public Safety Communication System FX Software Services Agreement
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by the laws of the State of Florida, excluding its rules pertaining to conflict of laws. Customer <br />consents to the personal jurisdiction of the state and federal courts within the State of Florida. <br />Venue for any legal proceedings shall be in any state or federal courtin the State of Florida, and the <br />Parties waive all objections based on venue or forum non convenience with respect to this <br />Agreement. <br />14. WAIVER OF JURY. <br />By entering into this Agreement, Ci and Customer hereby expressly waive any rights either Party <br />may have to a trial by jury of any civil litigation related to or arising out of this Agreement. <br />15. LIMITATION OF LIABILITY. <br />a. Nothing in this Agreement shall limit Cl' or its suppliers, agents, subcontractors, <br />representatives' liability for personal injury or death caused by its negligence. <br />b. CI' liability to Customer or to any Third -Party arising out of or in connection with this <br />Agreement or any collateral contract, whether in contract, tort (including, without <br />limitation, negligence) or otherwise shall be limited to the greater of i) amounts paid or <br />payable by Customer to L3Harris for the applicable Services during the six (6) months <br />preceding the event or circumstances giving rise to such liability or ii) one hundred <br />thousand ($100,000) US dollars. The liability of Cl shall be cumulative and not perincident. <br />C. Subject to the exceptions set forth in this Section, in no event shall CI, L3Harris or its <br />suppliers, agents, subcontractors, representatives be liable for any incidental, special, <br />punitive or consequential damages, lost profits or lost or damaged data, or any indirect <br />damages, whether arising in contract, tort (including negligence) or otherwise even if such <br />losses ordamages were foreseen, foreseeable, known or otherwise. <br />16. MERGER/ENTIRE AGREEMENT. <br />This Agreement is the complete agreement between the Parties concerning the subject matter of <br />this Agreement and replaces any prior implied, oral, or written communications between the <br />Parties. There are no conditions, understandings, agreements, representations or warranties <br />expressed or implied, that are not specified herein. <br />INDIAN RIVER CNTY EMERGENCY SERVICES COMMUNICATIONS INTERNATIONAL <br />By: Lam, <br />Name: Joseph H <br />Title: Chairman <br />September 20, 20 <br />Attest: Jeffrey R. Smith, Clerk of <br />Circuit Court and Comptroller <br />Deputy Clerk <br />.Ot`1Mlss�o�����y. <br />ane: a es M Reed <br />Title: VP of Service <br />•��?ate: 08/18/22 <br />
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