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2024-033
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2024-033
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Last modified
2/16/2024 10:48:33 AM
Creation date
2/16/2024 10:42:43 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/06/2024
Control Number
2024-033
Agenda Item Number
8.C.
Entity Name
State of Florida Fish and Wildlife Conservation Commission
Subject
FWC Grant for Indian River County Derelict Vessel Removal Project
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 23214 <br />Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a <br />court of competent jurisdiction in Leon County, Florida, providing the claims sought to be decided are not <br />otherwise barred. <br />Any demand for mediation and any answer to such demand must contain a written statement of each claim <br />alleged and the dollar amount in controversy sought in each claim. <br />Should mediation fail to resolve the claim submitted, the Parties may then proceed to seek applicable remedies at <br />law. <br />The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any <br />contract into which these General Conditions are incorporated by reference or otherwise, and the Parties to such <br />contract shall mediate all disputes arising out of, or in any way relating to, that contract or the Project in <br />accordance with the provisions of this Section. <br />Section 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. <br />This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements <br />arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a <br />dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall <br />be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds <br />any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to <br />the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the <br />remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, <br />Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or <br />relates to the Parties' transactions. By signing this Agreement, Recipient affirms that Recipient considers the <br />Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind <br />designed to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other <br />proceeding to which this provision applies. <br />Section 30. JURY TRIAL WAIVER. <br />As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding <br />brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way <br />connected with this Agreement, or with the products or services provided under this Agreement, including but not <br />limited to any claim by the Recipient of quantum meruit. <br />Section 31. NO THIRD -PARTY RIGHTS. <br />The Parties hereto do not intend, nor shall this Agreement be construed, to grant any rights, privileges or interest <br />to any person not a party to this Agreement. <br />Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. <br />In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the <br />Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such <br />violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs <br />unauthorized aliens. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 25 of 29 <br />
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