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07/07/2015 (3)
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07/07/2015 (3)
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Last modified
9/2/2015 1:39:06 PM
Creation date
9/2/2015 1:29:33 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/07/2015
Meeting Body
Board of County Commissioners
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County: Indian River County <br /> Attn: Gordon Sparks, P.E. <br /> 1801 27th Street <br /> Vero Beach, FL 32960 <br /> Contractor: General Underground LLC <br /> 7650 NW 50th Street <br /> Chiefland, Florida 32626 <br /> Notices shall be effective when received at the address as specified above. Facsimile <br /> transmission is acceptable notice effective when received, provided, however, that facsimile <br /> transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed <br /> received on the next day that is not a weekend day or a holiday. The original of the notice must <br /> additionally be mailed. Either party may change its address, for the purposes of this section, by <br /> written notice to the other party given in accordance with the provisions of this section. <br /> 9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to <br /> be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. <br /> 9.12 Construction. The headings of the sections of this Agreement are for the purpose of <br /> convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in <br /> such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, <br /> feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties <br /> hereby acknowledge and agree that each was properly represented by counsel and this Agreement <br /> was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that <br /> a legal document shall be construed against the draftsperson shall be inapplicable to this <br /> Agreement <br /> 9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of <br /> which shall be deemed to be an original copy and all of which shall constitute but one and the same <br /> instrument. <br /> 9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, <br /> constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF, <br /> OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has <br /> been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been <br /> signed or identified by OWNER and CONTRACTOR or on their behalf. <br /> Section 00530-9 <br /> 44 <br />
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