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<br />If the Contractor plans to make a claim for an increase in the Agreement price or an extension in
<br />the Agreement Schcdule/Tenn, he shall first give the County's designated representative written
<br />notice thereof, such notice shall be given within ten (10) calendar days after the occurrence of the
<br />event giving rise to such a claim. This written notice shall be given by the Contractor to the
<br />Countv, and a written approval secured from the County's designated representative, before
<br />proceeding to execute the work, except in an emergency endangering life or property, in which
<br />case the Contractor shall immediately proceed. No claim for extra work will be considered valid
<br />by the County unless first submitted in writing.
<br />Article 35. Familiarity with the Work — The Contractor by executing this Agreement,
<br />acknowledges full understanding of the extent and character of the work required and the
<br />conditions surrounding the performance thereof The County will not be responsible for any
<br />alleged misunderstanding of the work to be furnished or completed, or any misunderstanding of
<br />conditions surrounding the performance thereof. It is understood that the execution of this
<br />Agreement by the Contractor serves as his stated commitment to fulfill all the conditions referred
<br />to in this Agreement.
<br />Article 36. Settlement of Claims — The location for settlement of any and all claims,
<br />controversies, or disputes arising out of or relating to any part of this Agreement, or any breach
<br />hereof, shall be Indian County, Florida. If a conflict between the parties regarding this Contract
<br />results in litigation, venue shall be in the Circuit Court for Indian River County, Florida. Venue
<br />shall not lie in any other jurisdiction. The prevailing party shall be entitled to reimbursement of
<br />all court costs, the cost of expert witnesses, costs of depositions, and costs of attorney's fees
<br />incurred as a result of the default.
<br />Article 37. Assignment and Delegation — The County and Contractor bind themselves and their
<br />partners, successors, executors, administrators, and assigns, to the other party of this Agreement
<br />in respect to all duties, rights, responsibilities, obligations, provisions, conditions, and covenants
<br />of this Agreement; except that Contractor shall not assign, transfer, or delegate its rights or duties
<br />or both of these things, in this Agreement without the prior written consent of the County. The
<br />County has the absolute right to withhold such consent at its convenience, and furthermore, if
<br />Contractor attempts to assign, transfer, or delegate its rights or duties in violation of these
<br />provisions without the County's consent, then the County may terminate this Agreement as a
<br />breach of contract by Contractor and a failure by Contractor to substantially perform its
<br />obligations hereunder, and any such Contractor assignment shall be null, void, and of no legal
<br />effect whatsoever.
<br />Article 38. Local, State, and Federal Obligations — Contractor shall, during the lite of this
<br />registrations, certificates, permits, and other authorizations as are required by local, state, or
<br />federal law, in order for Contractor to render its services as described herein.
<br />Article 39. Liquidated Damages — It is specifically agreed by and between the parties hereto
<br />that the County may retain a sum in the amount scheduled below floor the amount of
<br />compensation to be paid the Contractor, or the County may charge the Contractor, hereinabove.
<br />Sundays and Holidays included, that the work remains uncompleted from the negotiated dates
<br />and times. This amount, as scheduled, agreed upon as a proper measure of liquidated damages
<br />which the County will sustain per day by failure of the Contractor to complete the N%ork by the
<br />milestones negotiated and stipulated in this contract is not to be construed , in :un scnsr. as a
<br />penalty provision.
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