Laserfiche WebLink
CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are <br />not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida <br />Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, <br />including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for <br />the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel <br />List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. <br />CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are <br />not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities <br />in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are <br />not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if <br />CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), <br />Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized <br />Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations <br />in Cuba or Syria, as defined by section 287.135, Florida Statutes. <br />9. MISCELLANEOUS PROVISIONS <br />Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the <br />CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered <br />employees of the COUNTY, but are independent contractors performing solely under the terms of the <br />Agreement and not otherwise. <br />Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous <br />negotiations, correspondence, conversations, agreements, or understandings applicable to the matters <br />contained herein and the parties agree that there are no commitments, agreements, or understandings of <br />any nature whatsoever concerning the subject matter of the Agreement that are not contained in this <br />document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any <br />prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, <br />or modification of the terms of this Agreement shall be valid unless made in writing and signed by the <br />CONSULTANT and the COUNTY. <br />Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to <br />the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or <br />otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. <br />Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, <br />and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. <br />Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and <br />concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or <br />now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist <br />upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right <br />to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more <br />defaults does not constitute a waiver of any other delinquency or default. If any legal action or other <br />proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, <br />default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its <br />own costs. <br />Severability. If any term or provision of this Agreement or the application thereof to any person or <br />circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, <br />then the application of such term or provision to persons or circumstances other than those as to which it <br />