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EXHIBIT 1 375-040-19 PROCUREMENT 02/04 Pape 7 of 7 C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written , between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. E . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F . In any legal action related to this Agreement, instituted by either party, the Vendor hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337. 19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended , and any and all such privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such legal action is filed by the Vendor, the Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same. G. If this Agreement involves the purchase or maintenance of information technology as defined in Section 282. 0041 , Florida Statutes, the selected provisions of the attached Appendix II are made a part of this Agreement. H . Time is of the essence as to each and every obligation under this Agreement. I . The following attachments are incorporated and made a part of this agreement: Exhibit "A" Scope of Service Exhibit "B" Method of Compensation Exhibit "C' Price Proposal J . Other Provisions: IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. Cross Envmental Services, Inc. STATE OF FLORIDA ' DEPARTMENT OF TRANSPORTATION Name o nor ` n Auuthorize Signature ature a4de ' CHRISTOPHER WARREN ( PrinUType) (Print/Type) Title: ya!S� Title: DEPUTY EXECUTIVE DIRECTOR and C. O. O. FOR DEPARTMENT USE ONLY APPROVED: LEGAL IEW: �Z a, 6 cu Procurement Office