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2005-375
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2005-375
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Last modified
8/15/2016 12:16:26 PM
Creation date
9/30/2015 9:26:00 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/15/2005
Control Number
2005-375
Agenda Item Number
7.Q
Entity Name
Conservation Fund Charitable Trust
Subject
Environmental Lands Acquisition Program
Supplemental fields
SmeadsoftID
5281
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eable provision shall be stricken from this <br /> uncnfirc r Agreement without affecting the binding <br /> . force and effect of the Agreement or any of its other provisions . <br /> 7 . 05 Entire Agreement. This Agreement contains the entire agreement of the parties as <br /> to this subject matter, and incorporates all prior understandings , whether oral or written, No <br /> revision or modification of this Agreement will be effective unless in writing signed by the <br /> parties . <br /> 7 . 06 No Waiver. Any failure of a party to require strict compliance with any provision <br /> of this Agreement shall be construed as a waiver of such provision, and the other party may <br /> subsequently require strict compliance at any time, notwithstanding any prior failure to do so . <br /> 7 . 07 Force Majeure . If a force majeure or "act of god" event occurs whiccauses <br /> Y <br /> dela or reasonable likelihood of delay in the performance of the requirements of this <br /> Agreement, TCF will promptly notify the County orally and will, within seven (7) calendar days, <br /> notify the County in writing of the anticipated length and cause of the delay, the me sures to be <br /> taken to minimize it, and the timetable for those measures . The County will considejr any <br /> requested extension to the time for performance occasioned by a force majeure eve , and will <br /> not unreasonably withhold such extension. A force majeure or "act of god" event will be defined <br /> as an act of war, blockade, public riot, lightning fire, flood, hurricane, windstorm, explosion, <br /> disruptive crime, failure to receive timely access, or any other event which was not and could not <br /> have been reasonably foreseen by the parties , and which is not in the control of TC <br /> 7 . 08 Equal Opportunity Employment. TCF agrees that it will not discriminate against <br /> any employee or applicant for employment for work under this Agreement on the as is of race, <br /> color, religion, sex, age or national origin, and will take affirmative steps to comply with <br /> Executive Order No . 11246 entitle "Equal Employment Opportunity" as amended b Executive <br /> Order No . 11375 , and as supplemented by Department of labor regulations (41 CFR, Part 60) . <br /> 7 . 09 Independent Contractor. It is specifically acknowledged and agreed by the parties <br /> hereto that TCF is and shall be, in the performance of all services and activities undr this <br /> Agreement, an independent contractor, and not an employee, agent, or servant of theCounty. <br /> All persons engaged in any of the services performed pursuant to this Agreement shall at all <br /> times , and in all places, be subject to TCF s sole direction, supervision, and control, ' TCF shall <br /> exercise control over the means and manner in which TCF and its employees perfoihn the <br /> Services , and in all respects TCF ' s relationship and the relationship of its employees to the <br /> County shall be that of an independent contractor performing solely under the terms ', of the <br /> Agreement and not as employees , agents, or servants of the County. <br /> 7 . 10 Public Records . TCF shall comply with the provisions of Chapter 1 9 , Florida <br /> Statutes (Public Records Law) as applicable in connection with this Agreement. <br /> 7 . 11 Counterparts . This Agreement may be executed in one or more counterparts , each <br /> of which shall be deemed to be an original copy and all of which shall constitute but: one and the <br /> same instrument. <br /> 10 <br />
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