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2024-127
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2024-127
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Last modified
7/11/2024 11:10:25 AM
Creation date
7/11/2024 11:07:08 AM
Metadata
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Template:
Official Documents
Official Document Type
First Amendment
Approved Date
06/18/2024
Control Number
2024-127
Agenda Item Number
8.J.
Entity Name
Florida Inland Navigation District
Subject
First Amendment to Termination of Lease Agreement and Release of Easement
for the Recreational use of Lands within the Dredged Material Management Area IR-14
Document Relationships
2024-128
(Cover Page)
Path:
\Official Documents\2020's\2024
2024-129
(Cover Page)
Path:
\Official Documents\2020's\2024
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. SUTLER, CLERK <br />FWC Agreement No. 24030 <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 />Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). <br />A. Requirement to Use E -Verify. <br />Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland <br />Security's E -Verify system to verify the employment eligibility of all new employees hired by the <br />Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement <br />that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 25 of 29 <br />
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