Laserfiche WebLink
171 <br />Contract #SD624AA <br />that no termination may be effected unless the other party is given: (1) not less than ten <br />(10) calendar days written notice delivered by certified mail, return receipt requested, and <br />(2) an opportunity for consultation with the other party prior to termination. <br />B. Termination for Convenience: This AGREEMENT may be 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 />(30) 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 "B" 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 />orin 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 termination 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 the convenience of DISTRICT. In such event, the <br />adjustment of compensation shall be made as provided in Paragraph "C" of this section. <br />ARTICLE XXI - GOVERNING LAW <br />This AGREEMENT shall be construed and interpreted according to the laws of the State <br />of Florida. <br />ARTICLE XXII - CONSTRUCTION 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 the <br />Page 8 of 19 <br />