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2005-388
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2005-388
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Last modified
8/16/2016 12:29:08 PM
Creation date
9/30/2015 9:27:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2005
Control Number
2005-388
Agenda Item Number
7.T.
Entity Name
First Southwest Company
Subject
Financial Advisory Agreement
Supplemental fields
SmeadsoftID
5295
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this Agreement or upon completion of any given project . The County reserves the right to <br /> audit records of FSC relating to this Agreement for a period of three (3 ) years after termination <br /> of this Agreement . <br /> SECTION 8 . PERFORMANCE OF SERVICES AND ADDITIONAL SERVICES . In <br /> performance of the Services and Additional Services under this Agreement , FSC shall comply <br /> with applicable regulatory requirements including federal , state , and local laws , rules , <br /> regulations , orders , codes , criteria , and standards . During the term of this Agreement , FSC <br /> shall maintain any and all applicable certificates and licenses necessary to allow FSC to <br /> perform the Services and Additional Services under this Agreement . <br /> SECTION 9 . MISCELLANEOUS , <br /> 9 . 1 . COUNTY DESIGNEE The County Administrator is hereby designated as the <br /> representative of the County. All work performed by FSC pursuant to this Agreement shall be <br /> by direction of the County acting through the County Administrator or his designee . <br /> 9. 2. INDEPENDENT CONTRACTOR. It is specifically acknowledged and agreed by the <br /> parties hereto that FSC is and shall be , in the performance of all Services and activities under <br /> this Agreement , an independent contractor, and not an employee , agent , or servant of the <br /> County. All persons engaged in any of the Services performed pursuant to this Agreement <br /> shall at all times , and in all places , be subject to FSC 's sole direction , supervision , and <br /> control . FSC shall exercise control over the means and manner in which FSC and its <br /> employees perform the Services , and in all respects FSC ' s relationship and the relationship <br /> of its employees to the County shall be that of an independent contractor performing solely <br /> under the terms of the Agreement and not as employees , agents , or servants of the County. <br /> 9 . 3 . MERGER; MODIFICATION, This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations , correspondence , conversations , agreements or <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings of any nature whatsoever concerning <br /> the subject matter hereof that are not contained in this document : Accordingly, it is agreed <br /> that no deviation from the terms hereof shall be predicated upon any prior or <br /> contemporaneous representations or agreements , whether oral or written . No alteration , <br /> change , or modification of the terms of this Agreement shall be valid unless made in writing <br /> and signed by FSC and the County . <br /> 9 . 4 . GOVERNING LAW VENUE. This Agreement , including all attachments hereto , shall be <br /> construed according to the laws of the State of Florida . Venue for any lawsuit brought by <br /> either party against the other party or otherwise arising out of this Agreement shall be in <br /> Indian River County, Florida , or, in the event of federal jurisdiction , in the United States District <br /> Court for the Southern District of Florida . <br /> 6 <br />
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