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1999-277
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1999-277
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Last modified
1/9/2024 1:54:55 PM
Creation date
1/9/2024 1:53:43 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/02/1999
Control Number
1999-277
Entity Name
St Johns River Water Management District
Subject
Vero Lake Estates Stormwater System Retrofit and Wabasso Causeway Park Improvements Project
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40 <br />Contract #1SD609AA <br />B. Termi anon for Convenie ee: This AGREEMENT may he terminated in whole or in part <br />in writing by either party provided that the other party is given: (1) not less than thirty <br />(ail) calendar days written notice delivered by certified mail, return receipt requested, of <br />intent to terminate, and (2) an opportunity for consultation prior to termination. <br />C. If termination for COUNTY's default is effected by DISTRICT,. an equitable adjustment <br />in the price provided for in this AGREEMENT shall be made, but (1) no amount shall be <br />allowed for unperformed services, and (2) any payment due to COUNTY at the time of <br />termination shall be adjusted to cover any additional costs to DISTRICT because of <br />COUNTY's default. If termination for DISTRICT's default is effected by COUNTY, or <br />if termination for convenience is effected by DISTRICT. the equitable adjustment shall <br />provide for payment of all services, materials, and costs, including prior commitment <br />incurred by COUNTY up to the termination date. <br />D. Upon receipt of a termination action under paragraphs "A" or "I3" above, COUNTY <br />shall: <br />(1) Promptly discontinue all affected work (unless the notice directs otherwise), and <br />(2) deliver or otherwise make available all data. drawings, specifications. reports, <br />estimates. summaries, and such other information and materials as may have been <br />accumulated by COUNTY in performing this AGREEMENT, whether completed <br />or in process. <br />E. Upon termination under Paragraphs "A" or "B" above, DISTRICT may take over the <br />work or may award another party a contract to complete the work. <br />F. If, after tennination for failure of COUNTY to fulfill contractual obligations, it is <br />determined that COUNTY had not failed to fulfill contractual obligations, the termination <br />shall be deemed to have been for rite convenience of DISTRICT. In such event. the <br />adjustment of compensation shall he made as provided in Paragraph "C" of this section. <br />ARTICLE XX - GOVERNING LANWATTORNEW FEES <br />This AGREEMENT shall be construed and interpreted according to the laws of the State <br />of Florida. <br />ARTICLE XXI - CONSTIRUCTION OF AGREEMENT <br />This AGREEMENT shall not be construed more strictly against one party than .against <br />the other merely by virtue of the fact that it may have been prepared by counsel for one of tite <br />parties, it being recognized that both parties, DISTRICT and COUNTY, have contributed <br />substantially and materially to the preparation hereof. <br />Page 7 of 28 <br />
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