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notice thereof, such notice to be given within ten ( 10 ) calendar days after the occurrence-
<br /> of
<br /> ccurrenceof the event giving rise to such a claim . This written notice shall
<br /> be given by Contractor
<br /> to County , and a written approval secured from Indian River County ' s Board of County
<br /> Commissioners , before proceeding to execute the work , except in an emergency
<br /> endangering life or property , in which case Contractor shall immediately proceed . No
<br /> claim for extra work will be considered valid by County unless first submitted in writing .
<br /> Article 33 . Familiarity With The Work — Contractor, by executing this Contract ,
<br /> acknowledges full understanding of the extent and character of the work required and
<br /> the conditions surrounding the performance thereof. County will not be responsible for
<br /> any alleged misunderstanding of the work to be furnished or completed , or any
<br /> misunderstanding of conditions surrounding the performance thereof. It is understood
<br /> that the execution of this Contract by Contractor serves as his stated commitment to
<br /> fulfill all the conditions referred to in this Contract .
<br /> Article 34 . Choice Of Law ; Venue —
<br /> A . The validity , interpretation , and enforcement of this Contract shall be governed by the
<br /> laws of Florida without regard to conflict of law applications . Indian River County ,
<br /> Florida , shall be proper venue for any litigation involving this Contract . Any legal
<br /> proceedings of any nature brought by either patty to enforce any right or obligation
<br /> arising out of this Contract shall be submitted to trial without jury before any court of
<br /> competent jurisdiction in Indian River County , Florida . The parties consent and submit
<br /> to the jurisdiction of any such court in Indian River County , Florida , and agree to accept
<br /> service of process outside the state of Florida in any matter submitted to any court
<br /> pursuant hereto .
<br /> B . If a conflict between the parties regarding this Contract results in litigation , venue
<br /> shall be in the Circuit Court for Indian River County , Florida . Venue shall not lie in any
<br /> other jurisdiction . The prevailing party shall be entitled to reimbursement of all court
<br /> costs , the cost of expert witnesses , costs of depositions , and costs of attorneys ' fees
<br /> incurred as a result of the default .
<br /> Article 35 . Materials And Data - In the event of termination of this Contract prior to
<br /> Contractor' s satisfactory completion of all the Services described or alluded to herein ,
<br /> Contractor shall promptly furnish County , at no additional cost or expense , one ( 1 ) copy
<br /> of the following items , any or all of which may have been produced prior to and including
<br /> the date of termination : data , specifications , calculations , estimates , plans , drawings ,
<br /> construction documents , photographs , summaries , reports , memoranda ; and any and all
<br /> other documents , instruments , information , and materials ( whether or not completed )
<br /> prepared or accumulated by Contractor, or by any of Contractor' s subcontractors , in
<br /> rendering the Services described herein , and not previously furnished to County by
<br /> Contractor pursuant to this Contract . The foregoing items shall be the sole property of
<br /> County , and County shall be vested with all rights provided therein of whatever kind and
<br /> however created . Contractor shall also require that all such subcontractors agree in
<br /> writing to be bound by the provisions of this Article 36 .
<br /> Article 36 . Assignment And Delegation - County and Contractor bind themselves
<br /> and their partners , successors , executors , administrators , and assigns to the other party
<br /> of this Contract in respect to all duties , rights , responsibilities , obligations , provisions ,
<br /> conditions , and covenants of this Contract ; except that Contractor shall not assign ,
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<br /> Document last printed 05/ 18/00 10 : 39 AM
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