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2024-144
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2024-144
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Last modified
8/26/2024 12:12:01 PM
Creation date
7/18/2024 9:46:37 AM
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Template:
Official Documents
Official Document Type
Application
Approved Date
07/02/2024
Control Number
2024-144
Agenda Item Number
8.K.
Entity Name
Florida Fish and Wildlife Conservation Commission
Subject
Derelict Vessel Removal Grant Application
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24086 <br />and for Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the <br />state and federal courts located in and for the Leon County, State of Florida. <br />d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties <br />shall have a representative present at mediation with the authority to settle the case. <br />V. Any resolution achieved at mediation shall be set forth in a written settlement agreement. <br />vi. The Recipient shall require all the dispute resolution provisions and requirements set out in <br />this Section in each contract it makes with any Subcontractor, material supplier, equipment <br />supplier, or fabricator. <br />vii. In no event shall the demand for mediation be made after the date when institution of legal <br />or equitable proceedings based on such claim, dispute, or other matter in question would be <br />barred by the applicable statute of limitations, or otherwise. <br />Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance <br />of this Agreement during any claim, dispute, or mediation. <br />If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter <br />by or against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any <br />such entity is reasonably necessary to be joined in the mediation to permit a full and complete <br />disposition of the dispute submitted hereunder, then the Consultant, Subcontractor, Separate Contractor <br />or third party shall be joined by personal service of the notice demanding mediation. <br />Such termination of the mediation shall not preclude any party from commencing any judicial <br />proceeding in a court of competent jurisdiction in Leon County, Florida, providing the claims sought to <br />be decided are not otherwise barred. <br />Any demand for mediation and any answer to such demand must contain a written statement of each <br />claim 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 <br />remedies at law. <br />The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, <br />any contract into which these General Conditions are incorporated by reference or otherwise, and the <br />Parties to such contract shall mediate all disputes arising out of, or in any way relating to, that contract <br />or the Project in 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 <br />agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind <br />designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each <br />provision of this Agreement shall be interpreted in such manner as to be effective and valid under <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 29 of 34 <br />
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