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2024-204
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2024-204
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Last modified
10/15/2024 2:01:27 PM
Creation date
10/15/2024 2:01:09 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/10/2024
Control Number
2024-204
Agenda Item Number
8.K.
Entity Name
Communications International Inc.
Subject
Renewal of Public Safety Communication System Software Service Agreement
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />by the laws of the State of Florida, excluding its rules pertaining to conflict of laws. Customer consents to <br />the personal jurisdiction of the state and federal courts within the State of Florida. Venue for any legal <br />proceedings shall be in any state or federal court in the State of Florida, and the Parties waive all objections <br />based on venue or forum non -convenience with respect to this Agreement. <br />14. WAIVER OF JURY. <br />By entering into this Agreement, CI' and Customer hereby expressly waive any rights either Party may <br />have to a trial by jury of any civil litigation related to or arising out of this Agreement. <br />15. LIMITATION OF LIABILITY. <br />a. Nothing in this Agreement shall limit CI' or its suppliers, agents, subcontractors, representatives' <br />liability for personal injury or death caused by its negligence. <br />b. CI liability to Customer or to any Third -Party arising out of or in connection with this Agreement or <br />any collateral contract, whether in contract, tort (including, without limitation, negligence) or <br />otherwise shall be limited to the greater of i) amounts paid or payable by Customer to L3Harris for <br />the applicable Services during the six (6) months preceding the event or circumstances giving rise <br />to such liability or ii) one hundred thousand ($100,000) US dollars The liability of CI shall be <br />cumulative and not per incident. <br />c. Subject to the exceptions set forth in this Section, in no event shall CI, L3Harris or its suppliers, agents, <br />subcontractors, representatives be liable for any incidental, special, punitive or consequential <br />damages, lost profits or lost or damaged data, or any indirect damages, whether arising in contract, <br />tort (including negligence) or othenvise even if such losses or damages were foreseen, foreseeable, <br />known or otherwise. <br />16. MERGER/ENTIRE AGREEMENT. <br />This Agreement is the complete agreement between the Parties concerning the subject matter of this <br />Agreement and replaces any prior implied, oral, or written communications between the Parties. There are <br />no conditions, understandings, agreements, representations, or warranties expressed or implied, that are not <br />specified herein. <br />INDIAN RIVER CNTY EMERGENCY SERVICES C <br />By: �ZI4k <br />By: <br />Name: John A. Titkanich, Jr. <br />Title: County Administrator <br />Date: September 10, 2024 <br />Attest Ryan L. Butler, Clerk of <br />Circuit Court and Comptroller <br />By: <br />Deputy Clerk <br />.TIONS INIERNATIC <br />/elm t 2 - <br />Title: <br />Title: ( )( J_ U C 'I— <br />Date: $( -2-�, &P, -( <br />• "gip"hjM�s^ <br />r i,� off'.• . <br />•9i�F� COU4��v �'•; <br />
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