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2007-146H
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2007-146H
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mutual Agreement of the parties; or d) as may otherwise be provided below. In the <br /> event of the termination of this Agreement, any liability of one party to the other arising <br /> out of any Services rendered, or for any act or event occurring prior to the termination, <br /> shall not be terminated or released. <br /> 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the <br /> Consultant shall be payment for those portions of satisfactorily completed work <br /> previously authorized by approved Work Order. Such payment shall be determined on <br /> the basis of the hours of work performed by the Consultant, or the percentage of work <br /> complete as estimated by the Consultant and agreed upon by the COUNTY up to the <br /> time of termination. In the event of such termination, the COUNTY may, without penalty <br /> or other obligation to the Consultant, elect to employ other persons to perform the same <br /> or similar services. <br /> 8.3 The obligation to provide services under this Agreement may be <br /> terminated by either party upon seven (7) days prior written notice in the event of <br /> substantial failure by the other party to perform in accordance with the terms of this <br /> Agreement through no fault of the terminating party. <br /> 8.4 In the event that the Consultant merges with another company, becomes <br /> a subsidiary of, or makes any other substantial change in structure, the COUNTY <br /> reserves the right to terminate this Agreement in accordance with its terms. <br /> 8.5 In the event of termination of this Agreement, the Consultant agrees to <br /> surrender any and all documents prepared by the Consultant for the COUNTY in <br /> connection with this Agreement. <br /> 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant <br /> to allow public access to all documents, papers, letters, or other material subject to the <br /> provisions of Chapter 119 Florida Statutes and made or received by the Consultant in <br /> conjunction with this Agreement. <br /> 8.7 The COUNTY may terminate this Agreement in whole or in part if the <br /> Consultant submits a false invoice to the COUNTY. <br /> 9. TRUTH-IN-NEGOTIATION CERTIFICATE; CONTINGENCY FEES. <br /> 9.1 Execution of this Agreement by the Consultant shall act as the execution <br /> of a truth-in-negotiation certificate certifying that the wage rates and costs used to <br /> determine the compensation provided for in this Agreement are accurate, complete and <br /> current as of the date of the Agreement and no higher than those charged the <br /> Consultant's most favored customer for the same or substantially similar service. The <br /> wage rates and costs shall be adjusted to exclude any significant sums should the <br /> COUNTY determine that the wage rates and costs were increased due to inaccurate, <br /> incomplete or noncurrent wage rates or due to inaccurate representations of fees paid <br /> to outside consultants. The COUNTY shall exercise its rights under this "Certificate" <br /> within one (1) year following final payment. COUNTY has the authority and right to <br /> 9 <br /> SmeadSoft Reprint Date:Friday,May 13,2016-13:46:19-OfficialDocumen%:4856,Attachment Id 1,Page 54 <br />
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