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2023-194
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2023-194
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Last modified
10/9/2023 1:45:23 PM
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10/9/2023 1:30:15 PM
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2023-193
(Agenda)
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\Official Documents\2020's\2023
2023-195
(Cover Page)
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\Official Documents\2020's\2023
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consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically <br />stated to the contrary in any written consent to an assignment, no assignment will release or discharge the <br />assignor from any duty or responsibility under the Contract Documents. <br />9.03 Successors and Assigns <br />A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the <br />other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, <br />agreements, and obligations contained in the Contract Documents. <br />9.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or <br />Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon <br />Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken <br />provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing <br />the intention of the 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 brought by <br />either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, <br />Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District <br />of Florida. <br />9.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall <br />comply with Florida's Public Records Law. Specifically, the Contractor shall: <br />(1) Keep and maintain public records required by the County to perform the service. <br />(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of <br />the requested records or allow the records to be inspected or copied within a reasonable time at a cost <br />that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. <br />(3) Ensure that public records that are exempt or confidential and exempt from public records <br />disclosure requirements are not disclosed except as authorized by law for the duration of the contract <br />term and following completion of the contract if the contractor does not transfer the records to the <br />County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public records in <br />possession of the Contractor or keep and maintain public records required by the County to perform the <br />service. If the Contractor transfers all public records to the County upon completion of the contract, the <br />Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from <br />public records disclosure requirements. If the contractor keeps and maintains public records upon <br />completion of the contract, the Contractor shall meet all applicable requirements for retaining public <br />records. All records stored electronically must be provided to the County, upon request from the <br />5 <br />
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