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05/05/2015 (3)
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05/05/2015 (3)
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Last modified
9/1/2015 3:33:53 PM
Creation date
8/6/2015 2:11:13 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/05/2015
Meeting Body
Board of County Commissioners
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Florida Statutes: 850-035-01 <br /> 334.044(7) PAVEMENT MANAGEMENT <br /> OGC-02115 <br /> Page 12 of 21 <br /> 22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in <br /> writing, and shall be transmitted either by personal hand delivery; United States Post Office, <br /> return receipt requested; overnight express mail delivery, email, or facsimile. The addresses <br /> and the contact persons set forth below for the respective parties shall be the places where <br /> notices shall be sent, unless prior written notice of change of address is given. <br /> TO DEPARTMENT: TO RECIPIENT: <br /> Florida Department of Transportation Indian River County <br /> 3400 W. Commercial Blvd. 1801 27th Street <br /> Fort Lauderdale, Florida 33309 Vero Beach, Florida 32960 <br /> Attn: Leos Kennedy, Jr. Attn: Christopher J. Kafer, Jr., P.E. <br /> Copy: Project Manager, Christine Fasiska Copy: Indian River County's General Counsel <br /> 2"d Copy: District's General Counsel <br /> 23. All words used herein in the singular form shall extend to and include the plural. All <br /> words used in the plural form shall extend to and include the singular. All words used in <br /> any gender shall extend to and include all genders. <br /> 24. This Agreement shall not be renewed. Any extension shall be in writing and executed <br /> by both parties and shall be subject to the same terms and conditions set forth in this <br /> Agreement. <br /> 25. This Agreement shall not be construed to grant any third party rights. <br /> 26. In no event shall the making by the Department of any payment to the Recipient constitute <br /> or be construed as a waiver by the Department of any breach of covenant or any default <br /> which may then exist on the part of the Recipient, and the making of such payment by the <br /> Department while any such breach or default shall exist shall in no way impair or prejudice <br /> any right or remedy available to the Department with respect to such breach or default. <br /> 27. This Agreement embodies the entire agreement of the parties. There are no provisions, <br /> terms, conditions, or obligations other than those contained in this Agreement. This <br /> Agreement supersedes all previous communication, representation, or agreement, <br /> either verbal or written, between the parties. No amendment will be effective unless <br /> reduced to writing and signed by an authorized officer of the Recipient and the <br /> authorized officer of the Department or his/her delegate. <br /> 28. If any part of this Agreement shall be determined to be invalid or unenforceable by a <br /> court of competent jurisdiction, or by any other legally constituted body having the <br /> jurisdiction to make such determination, the remainder of this Agreement thus remains <br /> 111 <br />
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